free
hit counter
Medical Malpractice Deaths In Us | Medical Malpractice Cases In South Carolina

Medical negligence and medical malpractice are two terms that are often used for the same event.  They describe a situation in which a physician, nurse, or hospital failed to treat a patient at a reasonable standard expected from a medical professional under those conditions. In addition, that improper care  must have caused some injury to the patient, which then must have caused some damages to the patient, as well.
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.[22]
There are lots of laws applicable to punish physicians who make affirmative bad judgments as to medical care and treatment. But there is no law that affirmatively compels a physician to prescribe or provide medication that the physician does not believe is in the patient's best interests. This doctor told you that he lacks the knowledge to conclude that the drug you wanted was correct for a patient in your circumstances. Given that fact, he had no legal choice but to decline to provide that drug.

Suing the Government under the FTCA is different than suing a private company or individual.  There are a number of hoops that you have to jump through before you can even file the lawsuit. There are also certain limitations in lawsuits against the Government that you don’t have in lawsuits against private parties.  While you are entitled to a trial under the FTCA, it is a “bench trial,” meaning the judge renders the decision and not a jury.  Fortunately for the victims in the above-referenced malpractice case, the judge recognized the serious and permanent nature of the child’s injuries and the extraordinary expenses that would be required to provide for the child’s future medical and life care needs.

As for the marital stress, how did it get to court? Let's say the couple asks the psychiatrist if she's been divorced. I say she must either say yes, or say I won't tell you. Her choice. It would not be OK for her to lie. At that point the couple can find someone else. No damages. No court. When you say "must be disclosed," do you mean the court would hold that the psychiatrist should volunteer the information? First you would need an expert to testify to that. Then there would have to be damages, and proximate cause. Seems like a real stretch.
The staff members at Zinda Law Group genuinely care about the best interests of their clients and commit 100% of their energy to fight for the damages their clients deserve. Because Zinda Law Group works on a contingency fee- if you don't receive compensation from the case, neither do they. Give the firm a call today to begin taking aggressive action against the doctor or hospital behind your medical malpractice experience.
In order to establish negligence and sue the NHS, your solicitor will need to obtain expert evidence from a medical expert in the relevant medical field. So, if your claim is against a GP then normally your solicitor will obtain expert evidence from another GP. An experienced solicitor will know suitable and highly respected medical practitioners in numerous areas of specialty who are able to serve as a medical expert. The medical expert will review your medical records and in most cases needs to give you a medical examination before preparing his or her report.
Figures released in September 2015 by the Democratic Alliance’s Gauteng shadow MEC for health and member of the provincial legislature, Jack Bloom, show that R540 million was paid out by the Gauteng Provincial Department of Health as compensation for medical malpractice between 2010 and September 2015. This is money that would otherwise have been used to provide health services, Bloom says.
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

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.
In California, for example, recovery for non-economic damages are limited to $250,000. According to the Supreme Court of California, "noneconomic damages compensate the plaintiff for 'pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage [as per Cal.Civ.Code section 3333.2, subdivision (a)].' Section 1431.2, subdivision (b)(2) similarly defines noneconomic damages as 'subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation.'”[41] Tort reform supporters argue that states have enacted such laws in order to keep health care costs low, in addition to helping curb medical malpractice litigation. However, according to the Supreme Court of California, the state's non-economic damages caps are "not a legislative attempt to estimate the true damages suffered by plaintiffs, but rather an attempt to control and reduce medical malpractice insurance costs by placing a predictable, uniform limit on the defendant's liability for noneconomic damages."[42]
The conduct of the physician does not sound actionable to me, or at least not of a nature that I would wish to pursue. As a medical malpractice lawyer I would actually support the physician for not practicing medicine and administering treatment with which he is not adept and practiced. From a more general perspective, as a personal injury attorney, his statements about race do not sound discriminatory in nature, as much as a rationally based explanation of his treatment demographics impacting on his lack of experience to render the treatment you were seeking. I am not familiar with CA law or Medi-cal, which may have some other quirks that offer you some further remedy or relief. But I would seek treatment from another GI specialist and if you wish further direction on the legal aspect, seek the advice of competent local counsel.
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.
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.
The act of filing a complaint against a physician triggers a state medical board investigation of the physician for possible disciplinary action.  Realistically, there is only an extremely small chance that your complaint will result in disciplinary action against the physician.  Because state medical boards are composed of doctors, they likely feel a personal and professional kinship with the people they regulate and may be hesitant to discipline another member of their own profession.
3. Evidence - keep track of any evidence which could be relevant to your case. Keep detailed records of your appointments with your GP, together with records of any telephone consultations and referral appointments. Your solicitor will arrange to obtain and copy of your medical notes and x-rays. You will have to pass this information on to your lawyer and it will be a lot easier if you have it at hand. Keep any prescriptions, receipts from further treatments, notes of further treatment and a diary detailing the progression of your health issues. For example, if you fell ill with appendicitis and your GP failed to diagnose it, you should keep a note of the progression of your condition, if you are well enough to do so. All of this is not vital, but very helpful.  
^ William M. Sage, M.D., Margaret Thompson, Cynthia Gorman, Melissa King. [ The Jury's Still Out: A Critical Look at Malpractice Reform], Center for American Progress, June 12, 2008. From the study, "There is no nationwide crisis [...] Malpractice is wrongly blamed for rising health care costs in the United States...Experts have found little correlation between malpractice claim increases and malpractice premium increases. "

Determining whether medical malpractice has occurred can be challenging. Sometimes mistakes happen or there are bad outcomes that are not the fault of the medical provider at other times, physicians are negligent when they fail to follow the accepted standard of care and their patients are injured as a result. At the O’Keefe Firm, we have years of experience in evaluating medical negligence cases. We conduct our own independent medical research and obtain the opinion of medical experts to determine whether or not you may be eligible for compensation.


My wife answered that question as you would have all doctors answer it, with a YES. Now that same patient who accused her of being cold, and having no empathy for their unbearable pain, is being SUED for everything she’s got because they couldn’t take responsibility for their own misuse of ADDICTIVE drugs. There is no such thing as chronic pain control WITHOUT potential dependance/addiction, and despite the constant pleas of ignorance in courtrooms all over this country, every adult in this society KNOWS THAT.
Of course, there is never any reason for any hospital to put patients at risk by offering negligent or inadequate diagnosis, treatment, or care. Hospitals are regulated and licensed under a number of state and federal laws, and hospitals must adhere to policies, standards, and procedures that enhance and protect the health and well-being of their patients. When a patient suffers injury or harm because a hospital’s employees have been negligent, the hospital may have legal liability.
This means that if a psychiatrist properly diagnoses and treats a condition, gives the correct medication and monitors it properly, the patient can still go after the doctor if she experiences a 1 in 10,000 complication simply by saying, "If I had known X about my doctor I would have chosen to be treated by someone else." Remember there is nothing in the appellate opinion to limit the range of potential background questions. We are focussing on his responses to direct questions by the patient, but the opinion wasn't really designed to delineate what duties (if any) are owed when patients ask personal questions. The appellate opinion just opens the door, and I'm raising the 'what if' questions.

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. 


Research indicates that communication problems are a factor in up to 80 percent of medical malpractice cases. One study concluded that physicians did not acknowledge 36 percent of abnormal radiologic results. Another study found that 17-32 percent of physicians reported having no reliable method for ensuring that test results are received. The same study also reported that one-third of physicians do not always notify patients of abnormal test results. By one estimate, abnormal outpatient test results are not communicated in 7.1 percent of treatment relationships.
I think general practice should operate 08:00 – 20:00 every day including weekends and bank holidays. It does not automatically mean doctors, nurses and ancillary staff working longer hours overall. Nor does it mean that the same levels of staffing will be necessary throughout the opening hours and some weekday sessions might be reduced to allow for the additional weekend ones. Equally it should not require the full receptionist, pharmacist and other support services throughout the weekends. I don’t see any attempt at backdoor privatisation through this policy – doctors are already self-employed in any case. If patients want to have private medical treatment at their entire expense I don’t understand any objections to that and, to the extent that it takes some of the pressure off the NHS, it is probably a good thing on balance.
Medical malpractice claims don’t only cover errors in diagnosis and treatment. Once you’ve established a doctor-patient relationship, the doctor owes you a duty of care and treatment with the degree of skill, care, and diligence as possessed by, or expected of, a reasonably competent physician under the same or similar circumstances. Part of that duty of care is to be forthcoming with your diagnosis, treatment options and prognosis, as reasonably competent physicians would not lie to their patients.

Communication and Resolution Programs: When a medical error is identified, the patient is approached by the physician and/or health care system and they mutually arrive at a settlement. Several laws have been passed to facilitate communication and resolution (Mandatory presuit notification laws, apology laws and State-facilitated dispute resolution laws).

Medical negligence and medical malpractice are two terms that are often used for the same event.  They describe a situation in which a physician, nurse, or hospital failed to treat a patient at a reasonable standard expected from a medical professional under those conditions. In addition, that improper care  must have caused some injury to the patient, which then must have caused some damages to the patient, as well.


I have the same expectations of psych MDs, by the way. the issues may be harder to define, but certainly how much experience in treating a particular area, licensure, malpractice, etc. are legitimate questions. I don't have to know the doc's personal experiences of medical/MH/life issues to determine skills, but a doc should be able to give a carefully reasoned explanation of own skills/limitations. With psychiatry, I always thought it was incumbent upon the doc to have self knowledge sufficient to identify and appropriately refer clients who he/she cannot treat - ie, if you are in the midst of your own messy divorce, don't take on new clients with marital issues, etc. Yes, life is not always this neat and tidy, but isn't that why psych MDs have their own clinical supervision??
A patient who did not have his or her wounds dressed or treated properly and later develops an infection may decide to sue. If an anesthesiologist or other employee gives the patient a drug that he or she should have known would cause issues, the patient may pursue a medical malpractice claim. A common cause for a medical malpractice claim is when the patient was misdiagnosed or had a delayed diagnosis due to a mistake.
Non-economic damages are assessed for the injury itself: physical and psychological harm, such as loss of vision, loss of a limb or organ, the reduced enjoyment of life due to a disability or loss of a loved one, severe pain and emotional distress. Punitive damages are not available in all states and, when allowed, are usually only awarded in the event of wanton and reckless conduct.

Many medical procedures are inherently risky and even under the most expert care can have bad outcomes. In these cases, doctors are obliged to explain the possible risks of a procedure to you before the procedure, and you must give your informed consent. Doctors need to have efficient and accurate record-keeping processes in order to defend themselves from malpractice litigation. Absent or poor record keeping is classified as professional negligence.
At the same time, the doctor or the doctor’s insurer must complete a similar investigation in order to determine whether medical negligence actually occurred, and if so, whether the negligence resulted in certain injuries and damages to the claimant. The doctor must also obtain an opinion in writing from another doctor in order to support his or her defense.
A medical malpractice action must be commenced within one year after the cause of action accrues. Ohio Rev. Code Ann. § 2305.113. A cause of action for medical malpractice accrues when the claimant discovers or, in the exercise of reasonable care and diligence, should have discovered the resulting injury, or when the physician-patient relationship for that condition terminates, whichever occurs later. Frysinger v. Leech, 32 Ohio St. 3d 38, 512 N.E.2d 337 (1987). If a malpractice claimant gives written notice to the prospective defendant within the one-year limitation period, the claimant may bring an action at any time within 180 days of that notice. Ohio Rev. Code Ann. § 2305.113).
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.
Navy Medical Malpractice Birth Injury $12,500,000 settlement $9,183,752 received by clients with lifetime benefits $3,125,000 attorneys' fees $191,248 litigation expenses Brown v. United States Naval Branch Health Clinic, Millington, TN Navy doctors failed to properly prescribe prenatal vitamins containing folic acid which resulted in our client suffering a devastating spinal
After meeting the notice requirements and other prerequisites, depending upon the jurisdiction an injured patient may be able to file a lawsuit against the doctor. In order to prove the doctor negligent and that he or she committed malpractice, the accident victim must first be able to show that the doctor breached the duty of care owed to the patient.

This means that if an employee or other individual under the direction of the employer acted in a negligent manner, the employer is responsible for the injuries that resulted. Generally, nurses, medical technicians and paramedics are the direct employees of the hospital. If the hospital employee was performing a job-related function when the patient was injured, the patient can usually sue the hospital for the employee’s mistake.
For example, the Fourth Circuit Court of Appeals held that a Fort Bragg Army Sergeant was injured while he was driving after a mandatory physical training exercise to his on-base residence to shower and change clothes before reporting to his next duty assignment was active duty and was barred from suing under Feres. Courts generally hold that an off-duty, but not on leave service member injured in a car wreck is barred from suit by Feres.
Lest we forget about the wives and families who have to sit back and watch their loved one disintegrate into nothing right in front of their eyes and not be able to do a thing about it. Maybe the doctor could just stop calling it in for a year after having seen that patient only one time in that year. Oh did I mention it was 120 pain killers a month with valium on top of that.
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.
Regarding Moviedoc's comment, "Treating a rape victim must you tell them you were raped by your brother when you were 10?"...This is probably a bit too much information. However, telling a rape victim that you (the treating therapist or Psychiatrist) are a survivor of rape is often very helpful! Rape victims often think that no one understands, and that they can not survive. Having someone right in front of them who has experienced the same thing and survived it, is therapeutic. It should never be confabulated though, either true, or not said.
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.

In the vast majority of cases, establishing the answer to this question requires testimony from an expert medical witness. The patient (usually through an attorney) consults a doctor who specializes in the relevant field, and the doctor offers an opinion as to the proper procedures to follow when deciding whether to terminate care in cases like the patient's -- and if the proper decision is to end care, the expert will also set out the appropriate way to go about ending the doctor-patient relationship under the circumstances.
The Indiana Medical Malpractice Act spells out the procedures to follow if you suspect that you have a hospital malpractice claim or any type of medical malpractice lawsuit. The first step is to obtain your medical records and have medical experts review them and determine whether the hospital or hospital staff involved in your treatment provided substandard care that caused your injury.

An expert's opinion can be used in this situation as well, to show that the patient would have at least been made more comfortable and as stable as possible had the abandonment not occurred. On the other hand, if treatment would have had a significant chance of sustaining the patient's life, the family would probably have a more clear-cut case of medical malpractice case against the doctor.
A number of states hold the hospital responsible if it gives staff privileges to an incompetent or dangerous doctor, even if the doctor is an independent contractor. The hospital is also responsible if it should have known that a previously safe doctor had become incompetent or dangerous. For example, if a doctor becomes severely addicted to drugs and the hospital management knew about it, or it was so obvious they should have known about it, a patient injured by that doctor can probably sue the hospital.
I didn’t and don’t have cancer….I have 2 disk in my neck that are bulging and both hands needed carpal tunnel surgery…my dr gave me 120 10 mg hydrcodone a month, 120 tramadol a month, 90 oxycodone a month and 60 dulauda a month plus Valium and 90 adderall. ….then cold turkey dismissed me, I just list my insurance but paid cash everytime I went….I’m going through he’ll now
In most cases, a hospital is liable in the legal sense only if an employee’s negligence or incompetence results in injury to a patient. A medical malpractice lawsuit may be the proper course of action if a nurse, an aide, a technician, or any other hospital employee injures a patient by negligently performing or failing to perform a job-related task.
Why is the statute of limitations deadline so important? If you try to file your claim after the deadline has passed, the health care provider you're trying to sue us sure to make a motion to dismiss the case, and the court is certain to grant it -- unless there's a reason to extend the deadline as it applies to your case, including the exceptions we've discussed in this article.
For example, if your knee didn’t heal properly after surgery, but the doctor performed the surgery according to standards of care, he may not have committed medical malpractice. But if you developed shooting pain in your knee after surgery and a follow-up revealed a severed ligament, and the doctor didn’t tell you about it, that may be malpractice.
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.
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.
Yes, I hear what you are saying. I would pursue if it was me, based on the limited facts I have here. Particularly if you now have permant damage to your ankle. Ankles have a funny way of NOT healing well to begin with, having the arduous job of holding up our weight in full every time we take a step AND being a 'steering' mechanism for a feet. I'd make that appointment with a med. mal. attorney right in your area.
Been Let Down is a trading name of Bond Turner Limited which is part of the Anexo Group PLC and is a company registered in England and Wales (Company No.: 05770681) and an incorporated practice recognised, authorised and regulated by the Solicitors Regulation Authority. A list of the directors is available for inspection at the following address. Registered Office: The Plaza, 100 Old Hall Street, Liverpool, L3 9QJ. VAT No.: 889904354. Click here to view the full disclaimer.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Like any profession or job doctors and other medical professionals can make errors of judgement or neglect to carry out their duties to the required standard. Usually this is not the case and the vast majority of medical practitioners do excellent work every day in our hospitals and clinics. When they do occur, however, incidents of hospital negligence and medical errors are often due to the pressure (and fatigue) of working long hours in what is undoubtedly a stressful environment.
Suing the Government under the FTCA is different than suing a private company or individual.  There are a number of hoops that you have to jump through before you can even file the lawsuit. There are also certain limitations in lawsuits against the Government that you don’t have in lawsuits against private parties.  While you are entitled to a trial under the FTCA, it is a “bench trial,” meaning the judge renders the decision and not a jury.  Fortunately for the victims in the above-referenced malpractice case, the judge recognized the serious and permanent nature of the child’s injuries and the extraordinary expenses that would be required to provide for the child’s future medical and life care needs.
If you are looking to move along with the process of making a claim and want to ascertain whether Been Let Down are the right medical negligence Solicitors for you, we welcome you to contact us today. This can be done by phoning our office on 0151 321 1000, or by visiting our website at www.beenletdown.co.uk to request a call-back for a more suitable time, or to complete our claims form. We will then arrange for an initial consultation with you, and determine how to best move forward with your case.
Special medical malpractice review panels. Many states require the patient to first submit the claim to a malpractice review panel. This panel of experts will hear arguments, review evidence and expert testimony, and then decide whether malpractice has occurred. The panel decision does not replace an actual medical malpractice lawsuit, and the panel cannot award damages, but it's a hoop the patient must jump through before getting to court. The findings of the review panel can be presented in court, and courts often rely on a review panel's finding of no medical malpractice to throw out a case before it goes to trial.
When contributory negligence first appeared in the repertoire of personal injury lawyers, the standards of proof needed to succeed were quite high and very severe. Originally, under the doctrine of contributory negligence if it were shown that the plaintiff contributed in any way to his injuries, he was barred from any recovery. This has been modified over time to permit the plaintiff to recover even if he contributed to his injuries, as long as his fault is under 50 percent. In these cases, recovery is relative to fault. For instance, if a jury finds a party’s injuries worth $100,000 and holds that the party was 25 percent at fault, the party’s recovery would be $75,000. On the other hand, if the jury found the party 60 percent at fault, the party would be barred from any recovery.
Certain types of serious hospital errors are totally preventable and should never occur, hence the name. Examples of never events include operating on the wrong body part, performing the wrong procedure on a patient, leaving a surgical tool in a patient or allowing a patient to develop pressure ulcers. Medicare has adopted a policy of refusing to pay for treatment that involves never events to put pressure of hospitals to do more to improve patient safety.
If an expert testifies that a doctor had the opportunity to diagnose cancer earlier but failed (negligently) to do so, it would then have to be shown through complex medical evidence that the patient suffered additional harm. Proving that a delay in diagnosis lead to additional injury – death from cancer that otherwise may have been cured, or prolonged treatment and suffering that should have been avoided – is necessary to establish a medical malpractice claim.
In this article, we will discuss whether you can sue for medical malpractice years after treatment. The short answer is, yes, you can, since most states give you two to three years to bring a claim after malpractice occurs. The longer answer is, it depends on the type of injury and the state in which the claim is brought. Below, we will go through various examples of when the "countdown" begins for purposes of the statute of limitations deadline.

This is where a “Pain Management” doctor should potentially be liable (your avg. doc should not – but those specially trained in this area have NO EXCUSE for this kind of mis-treatment of a patient with a solid history). This is all well documented, there is no valid excuse in forcing patients into withdrawl and destroying a weeks or more of their life (or their lives entirely in many cases) – the impact to your family and job are tremendous. It is exactly this kind of poor practice that leads people down the wrong path to things like heroin. I was fortunate and toughed it out (my wife was very supportive), having the new meds (though not effective enough to control my pain 24/7) was better than nothing but the withdrawal ..was ..terrible AND unnecessary.
Under Ohio law, a medical malpractice lawsuit must be filed within one year from the later of one of two dates. This is known as the statute of limitations. Those dates are (1) when you discover the injury or (2) from the last date of treatment with the negligent medical provider. There are exceptions to this rule. Therefore, if you think you or a loved one has suffered due to medical malpractice it is imperative that you contact us at your earliest possible convenience so that we can provide you with an opinion as to whether or not you have a potential medical negligence claim. If a loved one has passed away due to medical negligence the family has a separate claim known as a wrongful death lawsuit. This is subject to a two year statute of limitations from the date of death.
The Seattle medical malpractice lawyers at The Tinker Law Firm, PLLC can help if you have reason to believe that you or a loved one was harmed by a negligent breakdown in the communication of medical test results. Our attorneys have recovered millions of dollars on behalf of those injured by negligent medical care. For a free review of your case, complete our online contact form.
Medical malpractice is not dependent on a poor result, and a poor result does not always constitute negligence. The practice of medicine is an inexact art, and there are no guarantees that any course of treatment. But doctors do make mistakes, and some of those mistakes rise to the level of medical malpractice. So what, exactly, constitutes negligent treatment by a physician?
One exception to the general rule of informed consent is that of therapeutic privilege. While uncommon, doctor’s cannot be held responsible for untruths about a patient’s health when a worse threat could exist with complete disclosure. Such an example would be when the revelation of a debilitating condition might prompt suicidal actions on the part of the patient.
×