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Medical Malpractice Lawsuit | Medical Malpractice Articles 2018

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.
Regardless of the type of medical test performed, if the results are not communicated in a timely and appropriate manner and the patient subsequently suffers harm, it may form the basis of a medical malpractice lawsuit. Harm, however, must be suffered, as a patient who suffers no injury after a failed communication will probably have no basis for a lawsuit.
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Have you complied with your statute of limitations? Sometimes we have to tell veterans and service members that we cannot help them because they did not contact us soon enough. If you have a medical malpractice claim against an Army, Navy, or Air Force military hospital, you should contact us as soon as possible because your statute of limitations runs out.
The law protects you against any doctor providing you with substandard care. It is possible to sue a doctor who works in an NHS hospital, a private practice or a GP's surgery. Also the law understands that if a doctor has been negligent towards you, you may not always be able to make a claim for yourself. It is possible to sue a doctor for negligence on behalf of yourself, your child, an elderly relative, an individual who has passed away or another loved one who is unable to make the claim themselves.
On several occasions the NHS has screwed up and had to cancel an appointment both with GP and consultant. On each occasion, an alternative appointment has been made for within a week after having to wait maybe months to get one in the first place. Apparently these appointments are reserved in case private patients need them which begs the question how many appointments are wasted by the NHS?
Click on the name of the lawyer answering your question to see their profile, and then you can click the view website tab to find out detailed information on your personal injury topic. The information provided on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Thanks, Ian. I thought such cases were isolated [there is a similar situation not far from us but there have been no references to other examples and I thought perhaps Quin’s report was related to that case]. Is there a common cause? Are practices becoming “incorporated” like schools are and doctors don’t want to work under those constraints? Perhaps the most recent changes to GP’s contracts have altered their attitude and commitment to community general practice. I agree, it is all rather disturbing.
-Lastly, if the criteria for practicing medicine in Maryland, includes the willingness to martyr your financial future to an ungrateful public, willing to hold you personally responsible for every case of drug abuse that results from your attempts to relieve your patients pain, -well i’d be looking to move -and soon. Because, your going to need a doctor sometime, and its going to be a LONG drive to get to one. Saints, and stupid doctors just aren’t that easy to find these days. -They never were.
In New York, medical malpractice lawsuits must be brought within two and a half years from the time of the malpractice, or within two and a half years from the date of the last continuous treatment for the condition that gave rise to the injury. However, there are exceptions. The Statute might be shorter if the hospital is owned and run by a municipality or the State. The Statute may be longer where a foreign object was left inside of you. It is longer when the plaintiff is a child. Calculating a medical malpractice statute of limitations requires a complete knowledge of the facts and lawyerly skill. Contact us to discuss your statute of limitations.
I'm on my 4th Psychiatrist in the same practice over the past several years. I've been diagnosed with severe anxiety, manic depression, Bipolar and even ADHD. I also see a therapist in the same office who actually happens to be a Dr., 2 of the Psychiatrists were not actual MD's. they were associates. The therapist is the reason I keep going back though, he is helpful and doesn't always agree with the medications I've been prescribed. They even had me go through 6 1/2 weeks of TMS treatment, 45 minutes a day 5 days a week.
In fact, filing a civil suit against your doctor does not even guarantee that he will be investigated. In order for your doctor to be investigated, a complaint would have to be filed against him with the New York State Department of Health. The Office of Professional Medical Conduct (“OPMC”) is responsible for investigating complaints about physicians, physician’s assistants, and specialist assistants. An investigation may lead to a formal hearing before a committee of the Board for Professional Medical Conduct.
Many states require patients to jump through a few hoops before filing medical malpractice lawsuits. These requirements vary by state. A patient might have to file an affidavit of merit in which a qualified medical expert attests that the plaintiff has a valid case. A patient also might have to submit a claim to a medical review board before filing in court, or agree to some form of alternative dispute resolution (ADR).
In the United States, there are many jurisdictional issues that could bar bringing a claim in an American court. Litigants would have to establish that the doctor had sufficient contacts with the United States for it to exert jurisdiction over him or her. Even if the court does find that it can take jurisdiction over the case, it has to determine which nation and state’s laws would apply.
Financial loss can include the future costs of caring for the patient. It can also include the patient’s future lost income where, as a result of the negligence, the patient is no longer able to work or to earn as much as he or she would otherwise.  Where a patient will need significant care support and will no longer be able to work, the amount of damages awarded when you bring a claim against the NHS or a hospital can be extremely high. 
Valid observation!!! Big time… as someone who survives with chronic pain it is ultimately and solely my responsibility to manage self control. And if I don’t I have no one to blame but myself. I’ve read stories and have watched documentaries about people and families blaming Doctors I absolutely do not agree unless a doctor ihas history and is “well aware” the patient has an addictive type personality or does not make the patient aware of the addictive risk to the meds.,which that does not happen! I lost a friend to an overdose six years ago,(a R.N. who knew better!!) never once did I entertain the thought the doctor was responsible, No disrespect to those who have addictions but I’ve gone to the E.D. for help in the past before my surgery where they were so kind as to give me a shot of Gods knows what,I don’t remember asking or caring. It absolutely relieved me of my pain but I feared and hated that feeling so much. Its hard for me to understand who would want to live with that scary feeling everyday all day long. Doctors intentions when giving us medicines is to help us, don’t let them be the scape goats to your weaknesses, if you get addicted its your fault and you know it your fault. Own it,be accountable and get help. Put blame where blame is due. I’m just saying…..
Again – so what? Do you really want to be going to a doctor that injured you and caused you pain and suffering? There are much better options out there. You found this doctor. You’ll find another one. There are numerous resources available to help you find a new, more competent physician. A simple Google search of “find doctor New York” will yield a multitude of websites designed to do just that. If you have health insurance, contact your insurance company. They can usually provide you with a list of doctors in your area that are covered by your plan. Also, don’t under-estimate the value of your friends and family as a helpful resource regardless of whether or not you have insurance. Talk to them to find out what doctors with whom they entrust their health. In no time at all, you will be sure to find the right doctor for you.
Unfortunately, the answer is only maybe, and it may take a long time. American patients that opt to leave the United States to have procedures done overseas probably do not realize that they may be foregoing the legal protection of the American court system. This is part of the reason why procedures performed overseas are so much cheaper: other nations do not have the stringent legal and administrative protections required of American doctors. This could leave a patient bearing most of the brunt of any legal risks associated with such a procedure because it can be very difficult to successfully sue foreign doctors in the US or to bring an action as a foreign citizen overseas.
The negligence caused a negative legal outcome - It is not sufficient that an attorney simply was negligent for a legal malpractice claim to be valid. The plaintiff must also prove that there were legal, monetary or other negative ramifications that were caused by the negligence. An unfavorable outcome by itself is not malpractice. There must be a direct causative link between a violation of the standard of professional conduct and the negative result.
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.

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I contacted my Gp Friday for appointment a 2 week wait. Call at 8.30 Monday for telephone consultation..called continuously from 8.30 to 9.05 . line busy. over 100 times I tried kept finger on call button theres no way other people got through only 1 line. So got to speak around 9.05 sorry all consultations are gone, try tomorrow. No place to leave comment on website, how convenient. I know NHS is stretched but theres no way that anyone got through the fone line was not busy they had it switched so could finish their coffee . I am raging
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Medical malpractice lawyers generally offer free initial consultations. Most rely on contingency fees, meaning that the patient never pays the lawyer. If the lawyer wins the case, the law firm takes a portion (usually about 1/3) of the award. If the lawyer loses the case, the lawyer usually is not paid, though the client may be on the hook for a few small costs.
The terms negligence and malpractice are often used interchangeably. Strictly speaking, negligence is a failure to “exercise the care that a reasonably prudent person would exercise” in similar circumstances. Medical malpractice, according to Andre Calitz, the chief operating officer for personal injury law practice Joseph’s Incorporated in Johannesburg, is an evaluation of conduct measured against a standard of medical care established by the medical fraternity.

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.”


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This is probably the number one reason why you don’t want to sue your doctor. While it is true that most lawsuits can take some time to become resolved, it is well worth the wait. However, there are ways to speed up the process: file your lawsuit as soon as it is determined that the case has merit and make sure that the court imposes deadlines for every step of the lawsuit, such as specific dates for depositions, defense medical examinations, and the exchange of discovery responses. This will prevent the lawsuit from the inevitable delays presented by defense attorneys and their insurers and keep the case on the proverbial “fast track” to trial.
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