Medical malpractice lawsuits, like all civil cases, can only be brought within a certain period of time. That deadline is set by a law known called a “statute of limitations.” Every state has passed these kinds of laws, with different deadlines according to the kind of case you want to file. In almost every state, there is a dedicated statute of limitations that applies to medical malpractice cases.
To have a valid hospital negligence claim, it must be shown that the level of care provided to the victim fell below a reasonable standard. Additionally, a successful medical malpractice claim must prove causation. This means that the link between the substandard care and the victim’s injury or death must be clearly demonstrated. Due to the multifaceted and complex nature of medical malpractice claims, it is important to hire a lawyer with extensive experience and resources related to this area of law. A positive outcome often relies on the ability and knowledge of your legal team. At Hodes Milman, our lawyers have helped countless victims, and we can help you understand and assert your rights.
If the injured patient is able to prove – through qualified expert testimony – that the doctor committed an act of medical negligence, then the patient has satisfied the first step of proving a malpractice claim against the doctor. However, the injured patient must also be able to show that the doctor’s negligence resulted in certain injuries or damages.
I feel when I kept having to go back and back he would of figured something else was going on as a Trauma orthopedic doctor and he didn't. Plus he neveroffered me any physical therapy. My family doctor in December ordered it for me to go one time to see what I could do. The PT said my foot was really in bad shape as far as movement. Several of his paers also contradict themselves and so I feel I did not receive proper care from him. I had surgery in March from another doctor, and now it is almost a year with this whole ordeal which could of been done if he would of investigated my problems earlier.
It is possible, however, to commit a criminal homicide based on wanton or reckless behavior. In other words, if someone acts with such disregard for the safety of others that death or serious injury is almost a given, this is often enough for certain types of criminal charges. However, doctors and other medical professionals are highly trained, very knowledgeable individuals. They are heavily regulated to prevent those with serious problems like substance abuse or mental disorders from causing harm. They are also under constant scrutiny and required to undergo continuing education to ensure that they are not engaging in techniques that could imperil a patient's life.
A 2011 study in the New England Journal of Medicine reported that 75% of physicians in "low-risk" specialties and virtually 100% of physicians in "high-risk" specialties could expect to face a malpractice claim during their careers. However, the authors also noted that the vast majority of malpractice claims did not lead to any indemnity payments.
If the doctor's mistake was one that a reasonable doctor would make, he has not acted negligently and has not committed medical malpractice. Often when a doctor fails to diagnose a medical problem, he may mistake the problem for something else and attempt to treat that. Likewise, if the medical problem is extremely rare, unknown, or difficult to identify, than a proper diagnose may not be possible.
In order to succeed with a medical malpractice claim you must prove that your doctor or other health care provider’s treatment of you was “negligent”, which in medical malpractice cases is defined as treatment that falls below the “standard of care” of practice for a reasonable practitioner in a particular area of medicine. Just proving you had a bad result from a medical treatment or procedure is not sufficient; some bad results can occur even when your doctor was not negligent. Sometimes there are “known risks” that are unavoidable with certain surgeries, treatments or medication. Further, even proving a departure from the standard of care is not enough! You must then prove that the mistake or error “proximately caused” the injury or damage to you. For example, your doctor may have departed from a reasonable standard of care in not diagnosing properly your fractured wrist. Maybe he completely overlooked the fracture. But what if he had properly diagnosed it? Would your wrist be any better now? If a proper diagnosis would not have lead to a better result, then there is no “causation” between your doctor’s negligence and your injury. In other words, “no harm, no foul”. A good medical malpractice lawyer knows how to analyze carefully the “elements” (what you have to prove) of a medical malpractice case. He or she also knows how to present these elements to a jury. The Syracuse medical malpractice lawyers of Michaels & Smolak has the skill, experience and expertise to maximize your chances of prevailing. So contact us for a free consultation.
Patients can already sue doctors for prescribing medications if they can prove that writing the prescriptions violated the standard of care and that they have suffered damages as a result. But Tick wants to take the concept a step further. If the patient sues a doctor and wins, the patient should receive payment for rehabilitation, possible punitive damages, and attorney’s fees.
Recently I've been trying to get my medications reduced. When I switched Dr.'s he could not believe the medications and does the previous Dr. had me on. Currently, I am taking (100 mg X 2 of Zoloft), (0.1 X 3 of Clonidine), (2mg X 3 per day Xanax), (300mg X 1 Seroquel XR). These medications have been increased or were prescribed in this amount and after being rushed to the Hospital after what the Doctors believe was a seizure or mild stroke my wife started looking into the interactions of my medications and I was taken off of (Wellbutrin XL 300), (Hydroxyzine PAM 50mg X 2 per day), (Vyvanse 60mg), (Temazepam 30mg), (Duloxetine 60mg).
You must show that you had a physician-patient relationship with the doctor you are suing. Basically what this means is that you hired the doctor and the doctor agreed to be hired. So if you were harmed while following the advice of a doctor you overheard talking at a bar, you do not have a malpractice claim. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed. Questions of whether or not the relationship exists most frequently arise where a consulting physician did not treat you directly.
Texas passed a "tort reform" law taking effect on September 1, 2003. The act limited non-economic damages (e.g., damages for pain and suffering) in most malpractice cases to $250,000 across all healthcare providers and $250,000 for healthcare facilities, with a limit of two facilities per claim. As of 2013, Texas was one of 31 states to cap non-economic damages.
For example, if the hospital appeared to others to be the employer of the doctor, the patient may be able to sue if the hospital did not clearly state that the doctor was not actually an employee. Additionally, a hospital may be sued in some states if it knows that a doctor is incompetent or dangerous and still keeps the doctor on staff. Barring these exceptions, if a hospital employee commits negligence while the non-employee doctor is present and the doctor had control of the situation to prevent the employee’s negligence, the hospital may not be able to be sued.
Was seeing a neurosurgery specialist for a back injury (L4 L5 and S1) for about 2 months. Each visit was prescribed different medications because nothing was working. With each visit the doctor said "if this doesn't work we will discuss surgery" long story short nothing worked and on my final visit he said "I am at a medical stand still. There is nothing else I can do for you without doing surgery and I don't want to put you through the trauma of the surgery." I told him it's getting worse he said it's your body compensating self medicate with Tylenol and ibprofen. I told him Tramadol and Lortabs do not work so why would that....he just repeated what he said and ended the visit. I was handed I piece of paper at check out saying I have been medically released. Found out he put in my chart that I was no longer having leg pains so improvement led him to release me.which obviously was not the conversation we had! Fast forward 3 months and my new doctor said Lumbar Fusion surgery because I am not improving and its been 8 months. Can I sue the 1st doctor for lying in the report so he could release me. It's a workers comp case and I believe he just didn't want to deal with it.