free
hit counter
When Can You Sue A Doctor | Medical Malpractice Insurance Wiki

Other states require that you file an "affidavit of merit" (or a similarly-named document) with the court when you first begin the lawsuit. This is a sworn statement from a qualified medical expert testifying that you appear to have a valid case for medical malpractice. Once again, if you don’t provide the expert affidavit at the beginning of the case, the court will throw the lawsuit out. Depending on the state, there might be either a screening panel or an expert affidavit requirement or both or other similar requirements.
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 you signed an indemnity or disclaimer during admission to hospital or for a particular procedure, you may have waived your right to hold the medical practitioner, hospital or hospital staff liable. However, the law in this regard is very complex and you may still be able to claim in certain circumstances even if you did sign an indemnity or disclaimer.
Like all other tort cases, the plaintiff or their attorney files a lawsuit in a court with appropriate jurisdiction. However, unlike other tort cases, many states require that a plaintiff take specific steps before a medical malpractice lawsuit can be filed, such as providing the defendant with advance notice of intent to sue, obtaining and filing with the court a certificate of merit from a qualified medical expert who attests to the validity of the plaintiff's cause of action, submitting the claim to a panel of legal and medical experts for evaluation, or participating in mediation in an attempt to resolve the claim without litigation.[13]

Medical malpractice litigation has evolved dramatically since the Code of Hammurabi was written. Certain fundamental principles  –  namely, the responsibility of medical professionals to prevent unnecessary injury and death – remain unchanged. However, the legal landscape is constantly shifting. Major controversy surrounds how to best improve medical malpractice law and hospital culture so that medical professionals can truly focus on providing the best care to their patients. This was the idea behind many tort reform measures, but it remains unclear whether these changes actually improved patient care, or just stopped patients from obtaining the compensation they needed and were entitled to. ADR may be a win-win solution for patients and medical professionals, increasing case efficiency and decreasing animosity between opposing parties.
One of the most common reasons that a physician may be accused of medical malpractice is due to the failure to diagnose. This is premised on the idea that the patient needlessly suffered for an extended period of time because the doctor failed to properly evaluate tests or run tests that should have reasonably notified him or her of the potential diagnosis. Other examples of medical malpractice include misdiagnosing a medical condition, failing to provide appropriate treatment, causing an unreasonable delay in treating a diagnosed condition, violating HIPAA laws, performing wrong-site surgery and performing surgery on the wrong patient.
In order to take legal action against a medical doctor for malpractice, you cannot just simply file a lawsuit with the court. Rather, you must first send a notice to the doctor, indicating to him or her that you are planning to file a lawsuit for medical malpractice. After filing the notice, there may be a waiting period before the injured patient is eligible to file a lawsuit.
Your safety and health should always be your first priority in any medical decision you make.  If you have already been injured by a doctor’s negligence or mistake, report the problem to your doctor immediately and seek immediate medical treatment from a different physician.  If you identify problems early, another physician may be able to improve the medical error.

Usually these cases are handled as civil matters, because the doctor lacked the requisite intent or did not act in a completely wanton and reckless manner. Additionally, the doctor may face disciplinary proceedings against his or her license, and could be fire by any institution for which he or she works. This could result in an enormous judgment against the doctor, loss of a professional license, and unemployment. The loss of a patient is not likely to be handled lightly, even though it may only result in civil penalties.


Go see another doctor. And, I'll go out on a limb here with this word to the wise: physicians are uncomfortable with patients they don't know who demand specific medications. "The patient reports the symptoms and the doctor selects the treatment" is the model that doctors are comfortable with. Of course, where there is a chronic condition, the patient becomes familiar and knowledgeable with the treatment options and knows what will work. But you have heard of "secret shoppers" in a retail context? Physicians worry about "sting patients" and they can get very unyielding when the patient is too directive about meds. Just take it for what its worth; no need to defend.
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.[1] Claims of medical malpractice, when pursued in US courts, are processed as civil torts. Sometimes an act of medical malpractice will also constitute a criminal act, as in the case of the death of Michael Jackson.
A medical malpractice case isn't the kind of legal action you want to try handling on your own. These cases can get very complex from a legal, medical, and procedural standpoint. Proving your case is going to require not just a firm understanding of the law as it applies to your situation, but a familiarity with the kinds of hoops a medical malpractice plaintiff needs to jump through, including the retention of the right expert medical witness.
Please note that we cannot guarantee the results or outcome of your particular procedure. For instance, the government may reject a trademark application for legal reasons beyond the scope of LegalZoom's service. In some cases, a government backlog can lead to long delays before your process is complete. Similarly, LegalZoom does not guarantee the results or outcomes of the services rendered by our legal plan attorneys or attorney-assisted products. Problems like these are beyond our control and are not covered by this guarantee.

While both doctors in the above example should be able to diagnose the flu or pneumonia with relative ease, it would be more difficult to argue that the rural doctor was negligent for missing a diagnosis of some type of exotic disease usually only seen in people from foreign countries. On the other hand, the big city infectious disease expert would likely be negligent in not making the same diagnosis.

A no-fault system may provide compensation to people who have medical outcomes that are significantly worse than would be anticipated under the circumstances,[11] or where there is proof of injury resulting from medical error,[12] without regard to whether or not malpractice occurred. Some no fault systems are restricted to specific types of injury, such as a birth injury or vaccine injury.[13]
I would be very surprised to learn that a “specialist” had no experience in a common GI disorder or was unable to do more than send you away. However, I do not have enough facts to determine whether this doctor complied with the standard of care or whether you were harmed by a failure to comply with the standard of care. Another GI specialist can speak to the standard of care. A lawyer can determine whether you’ve suffered compensable harm. Request all of you medical records, ask your current GI if this was a breach and see a lawyer if the answer is “Yes.”
Somewhere between 210,000 and 400,000 Americans die each year due to a medical error (James 2013); it is now the third leading cause of death in the United States (Makary 2016). Many more sustain injuries that leave them with lifelong disabilities. Moreover, a recent national survey revealed that 21% of Americans have personally experienced a medical error, and 31% have been involved in the care of a family member or friend who did. As discussed above, tort reform measures may be effective in limiting the number and success of malpractice lawsuits, but don’t necessarily address the underlying issue of the malpractice epidemic in America.
One of the most common reasons that a physician may be accused of medical malpractice is due to the failure to diagnose. This is premised on the idea that the patient needlessly suffered for an extended period of time because the doctor failed to properly evaluate tests or run tests that should have reasonably notified him or her of the potential diagnosis. Other examples of medical malpractice include misdiagnosing a medical condition, failing to provide appropriate treatment, causing an unreasonable delay in treating a diagnosed condition, violating HIPAA laws, performing wrong-site surgery and performing surgery on the wrong patient.
Incidentally, even when I was one week out of school if a patient asked when I graduated I told them the truth. Early on I did see an occasional look of fear at learning I was a newbie, but none of them asked for someone else. However, if they had asked for someone else that would have been their right and I would have respected their wishes. It's their money, their body, and their decision.
As the field of medicine has advanced in capability and courage, so have the scope of possible mishaps, and throughout the course of medical malpractice history, there have been some veritably unbelievable cases. Cerebral palsy resulting from mistakes in the birthing process has been seen a number of times, and almost invariably results in enormous payouts. One mother was awarded $74.5 million after her child was born with cerebral palsy and her physicians falsified records to cover up wrongdoing.

DJ I understand where you are coming from, and I also understand those that dont agree with you. I have 3 bulging disc/ degenerative disc disease. Until the age of 30 I never touched an opiate or abused anything for that matter. My injury stemmed for a high school sports injury, but I dealt with the pain by eating right, exercising and took a Tylenol when needed. At the age of 30 the pain started getting much worse I because my job and the businesses I owned demanded me to work long hours and were physically demanding. So when I just couldnt take it any longer I went to the doctor who prescribed me percocets for about 3 or 4 months and then referred me to pain mgmt. I really liked the doctor, he was kind, compassionate, empathetic, smart and unrelated he was interested in me as a person, he actually visited a few of my businesses, we didn’t hang out or anything but I thought of him as a friend in a way but understood we weren’t. So now that you understand this I want to make it very clear I never tried to take advantage of that, not once did I ever ask for a certain medication. I just felt blessed that I had a doctor that actually cared for my well being and that I was not just a jane doe diagnosed and treated by the statistics. He started me off with oxy and injections. The injections were not working so long story short we tried a wide variety of meds, most either didn’t work for me or I had an adverse reaction to. Finally after a few years I was put on opana and oxy and it worked. The problem was his practice got busy and so did he. The result was he was still nice but he did all the talking and it was mostly like”its been a couple months on this dose your tolerance has increased so let’s up your dosage”, until I was at 30mg opana 2x day and 30mg oxy 3x day. Things were fine for awhile but the drugs start to change my temperament. My work started to suffer, my relationships also were becoming strained, because my whole life revolved around my medications, yes I was pain free but at what cost? So here lies the the million dollar question. Who’s fault is it? Mine for wanting to be pain free and trusting that my doctor giving more and more was in my best interest, yes in a way it is my fault for being nieve to the fact I was going to beable to pop these powerful drugs for the rest of my life. So the government decides to crack down and me on this insane amount of opiates and doc takes meds away, what a sick cruel joke on me. So now knowing what I know, my doctor put me on opana because of kickbacks and kept increasing dosage because of $ and I know this because a majority of his patients are in the same boat, they topped out and all is fine till the government cracked down and doc got scared, reduced or dropped patient and we all are so surprised why the US is now flooded with heroin addicts. So my opinion is the doctors that were prescribing ridiculously large amounts to fatten there pockets, even if they weren’t doing for the kickbacks, and used tolerance or whatever, we trusted that they would have been smart enough to see what was happening in this country and when the government once again passed legislation without thinking about the result of there actions, these doctors would have a game plan, but no they all held up there hands and want to blame it on anybody but themselves. Shame on you doctor’s that liked playing the game while you were winning but quit and ran home crying when the rules of the game changed, that is why I hold you doctors responsible, and I do feel bad for the good ones that get fucked in the process, but didn’t us patients with real pain get fucked by doctor shoppers? Stand up for yourselves, get oganized and counter sued the government for passing legislation(unrealistic restrictions without making sure these poor people have a realistic way to get off theses doses safely, at no cost. Isn’t funny how these pill pushing doctor’s do a 180 because the big money can’t be made by having their patients hooked on powerful opiates so they jump ship accusing them off being addicts dropping them and putting them on suboxane which is not a pain medication and wonder why they have no choice but to become heroin addicts. I blame the doctors for turning us into pill addicts but I blame the government for turning us into heroin addicts. In the end tne patient loses because whoever is at fault the patient will suffer
Medical malpractice lawsuits typically have a short statute of limitations. This means that you don’t have much time after your injury to start the lawsuit. If you miss the deadline, your case will be thrown out regardless of the facts. Most states have a statute of limitations of three years or less. Some states extend the deadline if you had no way of knowing you were injured for months or years after a negligent medical procedure, however.
×