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Medical Malpractice Journal | Medical Malpractice Discovery Requests

"The opinion upholding the judgment recognizes that although not every fiduciary relationship will give rise to a claim for damages, where the specific professional responsibility of an attending physician is to convey accurate information, then failure to do so can give rise to liability if the physician's breach results in unusual and extreme emotional distress on the part of the plaintiff," Raynes said in an email, according to AMN.
Our attorneys have a strong record of succeeding in serious personal injury cases in which the negligent party is an agent of the government. In fact, our firm obtained two of the largest Federal Tort Claims Act verdicts in United States history: Dickerson v. U.S., a medical malpractice birth injury case in which our clients received $15.75 million, and Lebron v. U.S., another medical malpractice birth injury case in which our clients received $18.96 million.
Now I find myself with a new doctor that is scared of the DEA – they have prosecuted tons of doctors at this point and this new doctor wants to do nothing but cover her butt. So she takes_me_off_the_meds_I’ve_been _stable_on_for_9_years ….. and switches me to 2x long-acting (12 hrs – yeah try 8..) “crush-resistant” (aka – take it 1.5 hrs before you need relief or your previous dose wears off – whatever comes first) pills with some reasonable break thru meds…
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.
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.
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.
The negligence resulted in significant damages - Legal malpractice lawsuits are expensive to litigate. For a case to be viable, the plaintiff must show significant damages that resulted from the negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery. To be worth pursuing, the plaintiff must show that the outcome resulted in losses far in excess of the amount of legal fees and expenses necessary to bring the action.
In addition, if they lose the civil and/or criminal case it makes it easier for the patient to get the medical board to take action against the physician, rarely causing them to lose their license but maybe forcing them to take classes, pay a fine, they have to travel to the state capitol, the embarrassment of being dressed down by their peers, etc.
To establish whether or not your doctor has been negligent they will have to be shown to have been in a position where they owed you/the patient a duty of care and that you or the patient suffered direct harm as a result of their negligent management of this care. The decisions the doctor made and the treatment they gave will be assessed. If it is found that they acted in a way in which other doctors would not have acted, and this resulted in a negative effect, you will have grounds to make a successful medical negligence claim.
Talk to your new doctor about what happened to you, and get their professional opinion, not only on your current condition, but also on the elements of negligence and causality described above. This will give you a better idea of whether your previous doctor really is at fault, and whether his or her actions are to blame for your current predicament.
The complaint should indicate the patient’s name, the names of the parties responsible, a description of how the injury happened, the harm that was caused, and the amount of money that the patient expects in compensation. The patient should file the complaint at the office of the clerk of the local (i.e. county) branch of the state court, usually called "[state name] Superior Court, County of [county name]." You should also be sure to comply with any special procedural rules (as discussed in item 7, above).
Depending on the state, the plaintiff may also be required to prove that the hospital would not have hired the doctor if an appropriate and effective screening procedure was followed. A plaintiff suing a hospital for negligently retaining a doctor will need to prove facts showing that the hospital administration knew or should have known that the doctor had become incompetent.
Second, you should never be paying money to any lawyer upfront to bring your malpractice suit. A lawyer should never ask you for money to pay for the costs of your case. If he does, find a new lawyer pronto! Law firms experienced in malpractice litigation will never ask their clients to pay for the expenses of their case. It is a cost of doing business for malpractice law firms to pay for the costs of hiring medical experts, obtaining medical records, paying for depositions, and the like. Lawyers who ask you to pay for the costs of your case before the case is resolved have no business in malpractice litigation and you should take such a request as an urgent warning to find a new lawyer.
I have tried to work with local psychiatrists and pain management providers to limit addictive medications to our mutual patients. I often find many providers claim lack of awareness to patient addictions and even document the same in notes. This seems disingenious at times since searches of state prescription monitoring programs can easily review multiple refills and multiple providers. This leaves me to address this with the patient and create a “preferred provider” network of more “attentive” providers, to put it politely.

Suing a doctor for negligence requires much more than just filing a lawsuit in a Florida court. One of the prerequisites to filing a lawsuit against the doctor requires that you must first provide him or her with notice, indicating that you intend to file a lawsuit in the near future. A 90-day waiting period follows, during which the doctor may reject the claim outright, offer to settle the case, or ask to submit the case to arbitration.
Andrew W. Norfleet, Esquire Helping disabled individuals throughout Pennsylvania. awn@norlaflaw.com www.norlaflaw.com DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania and is personal in nature, not professional in nature. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality
Medical malpractice claims don’t settle easily out of court. Doctors are usually outraged at being sued. Some believe they can do no wrong. In any event, they don’t want to admit any wrongdoing, and to them, settling is just that, an admission that they did wrong. Therefore, more than with any other type of case, your lawyer must be prepared to try your case. Yet statistically, medical malpractice claims are among the most difficult claims to win at trial. Most of them are lost. Your best chance at settling, or if you can’t settle, winning at trial, is with an experienced medical malpractice trial attorney whose reputation might induce a favorable settlement or, that failing, whose trial skills and medical knowledge will tip the scales in your favor at trial. The medical malpractice team at Michaels & Smolak is skilled and experienced in such claims, so contact us for a free consultation now.

The majority of the American public supports reforms to the malpractice system. However, surveys show that the majority of the American public also vastly underestimate the extent of medical errors.[34] Recent research has shown that while both health consumers and health producers are concerned about some of the adverse consequences of healthcare litigation, health consumers perceive that increased healthcare litigation can reduce the incentives for negligence on the part of healthcare providers.[35]

Alfa raises an interesting point about the abstraction of general practitioners into private work and certainly the number of people seeking private health care seems to be on the rise. To some extent this takes the pressure off the NHS and a lot of what private hospitals do would not be available under the NHS, or at least not as elective [or non-immediate or non-emergency] surgery. Nevertheless, they probably have a higher ratio of staff than NHS establishments and give more time to their patients so they ‘consume’ a disproportionate amount of the country’s finite professional medical resources. Concerns have been raised that many doctors and consultants have been trained by the the NHS but are then ‘selling’ their time to private patients or private hospitals.
In the vast majority of cases, the Doctor who takes on your care will do so in a highly professional manner, but there may be occasions when their standards fall short of acceptable. If it can be shown your Doctor failed in their duty of care, in a manner tantamount to negligence, and that you suffered some form of loss, damage, or pain as a result, you may have cause to pursue a claim for medical negligence.
Many states limit the amount a plaintiff can recover in a medical malpractice lawsuit. For example, subjective damages like “pain and suffering” might be capped at $250,000. In a state with that kind of cap, you wouldn’t be able to recover more than $250,000 plus any medical expenses, lost wages and other “concrete” damages caused by the malpractice.
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