i was a client of mind springs mental health in colorado for many years and dr. richard berkley has decided to just drop me as a client without bothering to inform me or to properly detox me from schedule 2 medications i have been on for years- he also decided to cut memory enhancing and sleep apnea medications in half without informing me of the changes and i had used the medication as i had always done then i had to suffer detox symptoms for that medication- now i face detox from adderall, valium and provigil in just days as i will be out of these medications. i am certain that this could be considered attempted manslaughter as he is aware that just stopping these medications cold turkey that death is a very real possibility. i warn people of using doctor richard berkley as a precriber because his ethics are slim to none when it comes to informing patients he is going to make med changes or drop them without properly bringing them off these kinds of medications...karin wrape, former client of mind springs mental health-oh and they also scheduled me for an appointment at an office in a city i have never been to... talk about incompetence!
A case can be opened only if the alleged malpractice happened less than three years previously. There are a few exceptions to this general rule. If the injured party was under 18 at the time of the incident and his or her parents failed to seek compensation on behalf of the child, on turning 18, the child has one year to seek compensation on his or her own account. An injured party suffering from a mental illness has three years to make a claim on recovery from this illness. Exceptions might also be made if the injured party was compelled to be outside South Africa during the three-year intervening period.
Expert testimony is required. Expert opinions are often a crucial feature of the patient's case. A qualified expert is usually required at trial. (And often, expert testimony or an expert affidavit is required at the malpractice review panel proceedings prior to commencing trial.) State rules vary as to what makes somebody qualified to provide expert medical testimony, but generally it is someone with experience in the particular field at issue. In a very limited number of circumstances, expert testimony is not required, such as when a surgical towel is left inside the patient after a surgery.
For example, John Smith went to his local doctor because he had a black spot on his foot and his leg was painful. His doctor sent him to a surgeon who suggested a special procedure using a needle inserted into his leg artery to see whether the veins in John’s foot were blocked. The surgeon botched the procedure and John’s artery was damaged. Several weeks later John’s leg had to be amputated. When John consulted a lawyer and the lawyer investigated his claim, the lawyer found that John’s original foot condition was gangrene and he was always going to have to have his leg amputated, so the surgeon’s negligence in performing the procedure did not leave John worse off than he would otherwise have been and he fails the test of causation.
More and more people in South Africa are taking their doctors and other healthcare professionals to court for medical malpractice – so much so that the increase in litigation is contributing to our high medical inflation. But you can’t take such action lightly: the legal process is fraught with pitfalls and can be very drawn out, and the costs can be high. You need to be sure of your case, and of all the hoops you’ll have to jump through, before pursuing a claim.
People go to see the doctor when ill or after suffering a serious injury. When you make an appointment to see your doctor, you trust that the doctor will help to improve your condition or injury – not make it worse. Doctors and other healthcare providers hold people’s lives in their hands. Consequently, when providers make serious medical mistakes, they can and should be held responsible for their negligence.
My son was diagnosed in his teens with ADHD Paranoid schizophrenia which he was prescribed rispiridone which stabilized his condition slightly but as an adult he couldn't tollorate the side affects any longer and his team (lol) changed it over 2 years ago, since then it's been a living hell. He has been in a psychotic state since and no one is helping him, he totally believes what he thinks is happening to him is real and he has no mental illness, teams (lol) have seen him periodically and he convinced them it is all real and walked away! Fuelling his beliefs although it has been proved by the police numerous times the GP blood tests and a&e visits that nothing is being put in his water supply food etc but yet he still TRUELY believes he's being targeted and drugged. I've tried and tried to tell his GP, rang the local mental health units and told them, rang his adolescent psychiatrist who was brilliant when he was a teen but did nothing as an adult as they are moving and he wouldn't work with them after the visit to his home to section him in which they left believing him, but to my son it is real he's delusional, psychotic, violent, demanding, they are ment to be professionals! I no longer live near my son due to health issues, spinal injuries, ms/me hemoplegic migraine amongst others, so my youngest son who lives 2 mins away from my eld
I can see the time coming soon when any doctor prescribing highly addictive drugs, (any serious pain med) will be thought of as just as stupid and deserving of what they got, by other doctors unwilling to become martyrs, to the new public sentiment. And as to your intimation that YOU would take such risks in their place, well son I’m just going to HAVE to cry bullshit on that one!
Filing a complaint against a doctor with your state’s medical board is usually the first step in bringing disciplinary action against a doctor. Although the particulars vary by state, when the board receives complaints against doctors, it enters them into a system. The board then reviews complaints or refers them to another agency if needed. The medical board may ask to see medical records. If you complain about a doctor, the medical board will not disclose your identity.
In the past, a lawyer acting for a wronged patient might have advised his or her client first to report the matter to the Health Professions Council of South Africa (HPCSA), the professional body mandated to register health professionals and ensure practitioners are fit to practise, before proceeding with a civil case in the courts. Even though the HPCSA does not have the power to arbitrate on compensation, the rationale was that an HPCSA ruling and censure of the doctors concerned would improve the chances of a patient succeeding in a civil case.
There are any number of scenarios under which a physician can be negligent. Keep in mind that in the examples above -- and in every other case -- it is incumbent upon you to prove that your physician breached his duty to practice according to the standard of care, and that breach caused you harm. See What You Need to Prove to learn about the key legal pieces you and your attorney would need to put together.
A doctor cannot terminate care of a patient when the patient is at a critical stage of treatment, solely because the patient is unable to pay for the care. However, if the patient is in a stable condition and is given ample warning of the termination, a doctor may be able to stop treatment. For example, in a 1989 case in Iowa called Surgical Consultants, P.C. v. Ball, a patient had gastric bypass surgery and suffered abscesses afterwards. She sought treatment from the operating physician, who saw her 11 times post-surgery but then refused to continue seeing her because she had not paid her bill. This was not considered abandonment because the patient was not considered to be at a critical stage of treatment.
Bipolar symptoms dont normally “go away ” without some mental help , either of drugs or as an outpatient in a hospital but as you say you have to be diagnosed first Bez to get treatment . Your doctor , unless he has degrees in psychiatry has not the qualifications to judge and must refer you to a specialist . If you are refused treatment there are many mental health charities that I can provide to take up your case . Go down to the surgery , kick up a fuss about it , at the very least it will get them thinking and get beyond the “SS” guard at the reception . I have on many occasions had to be strong in my communications with surgeries to get help both for me and my wife , I dont take no for an answer when it comes to health luckily the message sinks in and it has saved my life and my wife,s on several occasions. Get back and let me know how you get on Bez , I know about depression etc and also the serious effects it an have on your life .
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.
Even if you are not eligible for legal aid, you should only use a solicitor who is a member of the Law Society Clinical Negligence Panel and whose firm is accredited by the Legal Services Commission to undertake legally aided clinical negligence work. Only law firms with significant expertise and experience are able to offer legal aid, so this is a good way to verify the credentials of your medical negligence solicitor.
During the formative centuries of English common law after the critical Battle of Hastings in 1066, medical malpractice legislation began taking shape. The Court of Common Law shows several medical malpractice decisions on record. An 1164 case, Everad v. Hopkins saw a servant and his master collect damages against a physician for practicing "unwholesome medicine." The 1374 case Stratton v Swanlond is frequently cited as the "fourteenth-century ancestor" of medical malpractice law. Chief Justice John Cavendish presided over the case, in which one Agnes of Stratton and her husband sued surgeon John Swanlond for breach of contract after he failed to treat and cure her severely mangled hand. Stratton saw her case ultimately dismissed due to an error in the Writ of Complaint, however, the case served as a crucial cornerstone in setting certain standards of medical care.
My husband has severe arthritis, causing full spinal fusion with inability to flex. His rheumatologist suggested he stop working in 2009 and file for disability, but he continued until 2011 when pain became unbearable. He applied for SSDI, providing a decade of medical records. Social Security then sent him to "their doctor", upon whose report they denied his claim. His report stated that my husband could bend, crawl, and get on his hands and knees... All of which is physically impossible for him.
It is not easy to get a full picture of the increase in medical malpractice cases in South Africa, as there is no central register. Cases can be settled in court, out of court or via mediation. If matters are settled out of court or via mediation, there is no public record of compensation. However, if all sources of information are collated, it would certainly appear that both the number and levels of claims are increasing, and this is affecting the overall cost of health care in the country, including what you pay for medical scheme cover.
Rather, the law only requires medical professionals to act according to the proper standard of care. If you have evidence that your doctor violated this standard when failing to diagnose your condition, then you may have a legitimate malpractice claim. Oftentimes, an expert witness will be called in to determine whether a medical professional did indeed violate his or her standard of care.
Doctor Mistake, Injury is Minor – This category encompasses situations in which a doctor misdiagnoses an injury (perhaps an ankle sprain) and then quickly corrects the misdiagnosis. Like the no-injury scenario described above, the patient would not have a case for medical malpractice against the doctor. Because the doctor quickly corrected the mistake, the patient suffered no damage.
Another motivating factor: A quick, honest “apology” might prevent a future claim, or provide an opportunity for a settlement without the need for litigation. Insurance companies typically want to settle with an injured person directly if they can, and this allows them to do so before the full extent of injuries are known, as well as preventing the injured person from hiring an attorney who could increase the settlement value of the claim through their representation.
Medical malpractice claims are incredibly complex cases, and the laws governing them vary from state to state. Even the most obvious malpractice claims will still require meeting numerous administrative, or claim filing, prerequisites, such as providing the doctor or hospital with notice, or even getting another doctor’s opinion. Some states even have shorter statute of limitations for malpractice claims.
Typically, nurses, medical technicians, and support staff are hospital employees. As long as the employee was doing something job-related when he or she caused an injury to a patient, the patient can usually sue the hospital for resulting damages. For example, if a registered nurse (R.N.) employed by the hospital injects the wrong medication into an IV "push," and the patient ends up suffering harm as a result, then the hospital could probably be considered liable for the R.N.'s mistake.
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.