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Medical Malpractice Gastric Bypass | Medical Malpractice For Nurse Practitioners

Medical malpractice cases arise when a patient is harmed by a doctor or nurse (or other medical professional) who fails to provide proper health care treatment. Fortunately, doctors, nurses, and hospitals make mistakes in a small number of cases. But within that small minority of cases, certain types of errors crop up more often than others. Read on to learn about the doctor and hospital mistakes that make up the bulk of medical malpractice lawsuits.
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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.
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.

Sue -thats a painful condition ,hope you dont need it taken out as it isnt a small operation ,at least not in my day when a female relative had to get her,s removed ,big scar. It did mean she had to watch what she eat after that . Your post interests me because of the 2 week wait and I am doing a survey to see if camerons unofficial –treat young people first– is the reason . I dont want to know your age but does this aspect apply to you. ? I dont frequent GP,s surgeries usually keeping a “stiff upper lip ” but I thought at least I would get sent to a hospital for stones in the kidney,s ,it took a week to pass them ,you can imagine the pain ,all he gave me were pills and “keep drinking “I thought that was the “end ” .

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.
Recently I've been trying to get my medications reduced. When I switched Dr.'s he could not believe the medications and does the previous Dr. had me on. Currently, I am taking (100 mg X 2 of Zoloft), (0.1 X 3 of Clonidine), (2mg X 3 per day Xanax), (300mg X 1 Seroquel XR). These medications have been increased or were prescribed in this amount and after being rushed to the Hospital after what the Doctors believe was a seizure or mild stroke my wife started looking into the interactions of my medications and I was taken off of (Wellbutrin XL 300), (Hydroxyzine PAM 50mg X 2 per day), (Vyvanse 60mg), (Temazepam 30mg), (Duloxetine 60mg).
A medical malpractice action must be commenced within one year after the cause of action accrues. However, if, at the time the injury occurs, the claimant is a minor or of unsound mind, the one-year statutes are tolled until the disability is removed (the minor reaches 18) Ohio Rev. Code Ann. § 2305.16. However, with the passage of time it can be more difficult to pursue the case as memories can fade or witnesses may have moved away. We recommend contacting our office right away for a free consultation to make sure you understand all of your rights and to have all of your questions answered.
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.
And don’t kid yourself. If you think that your doctor just made a mistake and that it won’t happen again – think again. Chances are, if he made a mistake with you, he very well could have done it before and will do it again. Don’t be dissuaded by your doctor’s apologies or his downplaying of your injuries. An apology won’t pay for your medical expenses, and it certainly doesn’t ensure that he realizes the full consequences of his negligible actions.
It doesn’t matter that “addiction” can be either physical or psychologic and that there is no reliable way to determine when addiction occurs. Tick’s bill doesn’t define addiction. It also doesn’t matter that people can get addicted to pretty much anything … alcohol, illegal drugs, porn, gambling, even collecting Cabbage Patch Kids. Tick’s bill only cares about those evil doctors. Beware internet service providers, you could be next on the list if your subscribers get addicted to the internet.

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It's also critical not to allow yourself to be intimidated by the medical system. Speak up and advocate for your own well-being. If patients sense that something is wrong, they should tell—or ask—their health-care providers. Although it's important to trust your doctor or nurse, it's also important to listen to your body ... and use common sense. Also advisable: Have a family member or friend accompany you on important visits to health-care providers.
@ Anon, since when do we not ask lawyers about their success rates?! I don't have much experience with the legal system, but to the best of my knowledge, most people research a lawyer before hiring them. I've never hired a lawyer, but if I needed legal representation, I'd certainly find out what kind of experience and success a lawyer had before asking them to represent me! (It may be somewhat less if it's a lawyer that takes the case on contingency, but then you at least have the guarantee that they're really motivated to win.)
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.
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.
Deon Irish, an advocate who specialises in medical malpractice and a guest speaker at the annual Hospital Association of South Africa Conference in September 2015, said factors that contributed to higher awards included the longer lifespans of patients, improved technology and a broader range of allied health professional skills designed to improve the quality of life of impaired patients.
My problem now is I feel like a shell of who I was, a very successful sale manager earning 6 figures+ to now, not being able to hold a job and being on disability. I can't remember things or conversations that I have had. I can't be in places where there are too many people, forget a mall or a nice restaurant. My wife and daughter have affectionately resorted to nicknaming me "turtle" because I can't keep up. I just roll with it but it really hurts knowing I was once the sole provider of a very nice lifestyle for my family to becoming this exhausted, tired, uninterested person. I speak with no one, I have not 1 friend and for the most part, never leave the house. My brain feels scrambled all the time, foggy.
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.

Some state courts still use the Frye test that relies on scientific consensus to assess the admissibility of novel scientific evidence. Daubert expressly rejected the earlier federal rule's incorporation of the Frye test. (Daubert, 509 U.S. at 593-594) Expert testimony that would have passed the Frye test is now excluded under the more stringent requirements of Federal Rules of Evidence as construed by Daubert.
It is possible that there are issues lurking here of insurance bias, racism, or anything else we can imagine. But even if that were true, none of those factors will matter. The physician's stated reason for failing to affirmatively cause that drug to be furnished to you is conclusive and, once he realized that, and absolutely once he stated that, there was no alternative course of conduct other than his refusal.
Doctors must abide by what is called “the duty of informed consent”. This means that a doctor is obligated by law and by professional ethics to warn patients of all known risks of a procedure or course of treatment. If a patient who had been properly informed of risks and potential side-effects would have elected not to proceed, the doctor MAY be liable for medical malpractice. Similarly, if the patient is injured by the procedure – or during the course of treatment – in a way that the doctor should have warned could happen but didn’t, the doctor may be liable for medical malpractice.
Any of these areas of conduct could classify as negligent practice, and if it can be shown these actions caused identifiable loss, damage, pain, or injury to you, there may well be a case to report a negligent Doctor to the British Medical Association (BMA). You should also check whether the hospital has a Patient Liaison and advisory service (PALS). If they do, you can complain directly to them, and they will investigate your complaint and provide a decision whether your complaint is justified. PALS will not, however, provide legal advice whether the actions or omissions of the Doctor were negligent.
According to Joseph’s Incorporated, proof of negligence is decided on the basis of a balance of probabilities. If you want to pursue a case, the onus is on you to prove negligence, as well as damage due to the negligence (see “Burden of proof”, below). Medical experts have to provide relevant, credible, reliable information, as it is certain that opposing lawyers will look for any opportunity to discredit them.
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.

The 1960's and 1970's also saw the emergence of the doctrine of informed consent. Modern medicine requires that medical professionals disclose all of the associated risks that accompany a given procedure. This way, if a treatment or procedure entails serious or deterrent risk, the patient may make an informed personal decision to refuse it, such is their right. During these two decades, it became a fundamental tenant of biomedical ethics that a patient is informed of all the risks in a procedure. Failure to warn patients of possible adverse outcomes could become an additional source of liability for physicians and medical professionals. Legislatures eventually got down to the task of explicitly defining what information must be disclosed, and what constitute a "lack" of informed consent. The definition tiptoed around the issues of emergency care, patient-provider relationships, “common” knowledge, consent on behalf of a minor, and whether a given risk would deter a “reasonable” person from accepting treatment. Lawmakers set about drafting ironclad informed consent law that covered the ifs, ands and buts of most conceivable situations that required informed medical consent. In the same era, courts discarded the doctrine of charitable immunity which had previously immunized charitable institutions from suit.
Whether a doctor is a hospital employee depends on the nature of his or her relationship with the facility. Though some doctors are hospital employees, most doctors are not. Non-employee doctors are usually classified as "independent contractors" in the eyes of the law, which means that the hospital cannot be held responsible for the doctor's medical malpractice, even if the malpractice happened at the facility, and the doctor is officially affiliated with the facility.

We handle a wide range of Federal Tort Claims Act (FTCA), including representing medical malpractice victims at naval hospitals or medical centers. We have represented service members and their families in a wide range of cases at Navy hospitals across the country. We handle many types of medical malpractice at Navy hospitals, including Brain and spinal injury cases, wrongful death, and birth injuries.
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.

Doctor Liability, Damages Are Small – Some states have enacted tort reforms that apply caps to the amount of money an injured patient can recover from a medical malpractice claim.  Under these caps, a patient may only be entitled to a $250,000 verdict.  While this amount of money may seem large, the patient must share that money with expert witnesses, investigators, and attorneys.  In the end, the patient’s financial recovery may be slight.  Attorneys may hesitate to take a case if it seems like the recovery will be negligible.  However, some patients are more concerned with filing suit as a matter of principle than as a means of financial recovery.  Sometimes lawyers are willing to take a case to help the client make such a statement.
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).
@ Anon, since when do we not ask lawyers about their success rates?! I don't have much experience with the legal system, but to the best of my knowledge, most people research a lawyer before hiring them. I've never hired a lawyer, but if I needed legal representation, I'd certainly find out what kind of experience and success a lawyer had before asking them to represent me! (It may be somewhat less if it's a lawyer that takes the case on contingency, but then you at least have the guarantee that they're really motivated to win.)
Yahoo fait partie d’Oath. Oath et ses partenaires ont besoin de votre consentement pour accéder à votre appareil et utiliser vos données, notamment votre position géographique, afin de comprendre vos centres d’intérêt, de diffuser des publicités personnalisées et de mesurer leur efficacité. Oath vous présentera également des publicités personnalisées sur les produits de ses partenaires. En savoir plus.
The report by the Indiana Department of Health identified 21 surgeries on the wrong body parts and 4 wrong surgical procedures performed on patients in 2014. The problem is common enough that the federal Joint Commission on Accreditation of Healthcare Organizations published a protocol for healthcare providers to follow that includes a “timeout process” to prevent wrong operations and wrong-site surgery. Unfortunately, a fifth of our hospitals have not adopted the protocol.
I have had the some problem with my Doctors. You have to ring at 8am to get an appointment. So i did and the phone rang and rang when you get the secretary she said’s sorry you will have to try again tomorrow all the appointments have gone. Its my back I tell her but she said’s take some pain killers and ring back tomorrow like I haven’t taken some pain killers. In the end I had an ambulance at my door with gas and air a few day later. Why can I not make an appointment when I need one it puts me off ever phoning them . I will always now think twice about doing so again and I could end up in a worst state.
In order to have a malpractice claim, your medical professional must have acted negligently. This is to say that your doctor failed to treat you with a standard of care. A standard of care is the agreed upon method or methods employed by medical providers in the given geographic area for a condition or illness. This standard changes depending on a number of factors, including the age of the patient and the condition being treated.
The second main component of your case will be the establishment of medical malpractice  damages. To sue the doctor, it’s not enough that he or she failed to treat or diagnose a disease or injury in time; it must also have caused additional injury. That means showing exactly how -- and to what extent -- the delay in the provision of medical care harmed you. This will also usually require the testimony of an expert medical witness.
"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.
We often get asked the question whether an active-duty military service member can sue the United States. The short answer to this question is that it depends on the claim your bringing. The general rule is that under Feres v United States, a service member may not recover under the Federal Tort Claims Act (FTCA) for claims which arise out of or in the course of activity incident to their service. Courts often refer to this as the Feres Doctrine. Whether your claim falls within the scope of Feres is a complicated legal question that usually requires the assistance of a lawyer. There is no clear cut answer on when a serviceman’s death, injury, or loss is “incident to service.” The words incident to service appear no where in the Federal Tort Claims Act, but have been interpreted into the FTCA by the United States Supreme Court.

You may have a complaint about improper care (like claims of abuse to a nursing home resident) or unsafe conditions (like water damage or fire safety concerns). To file a complaint about improper care or unsafe conditions in a hospital, home health agency, hospice, or nursing home, contact your State Survey Agency. The State Survey Agency is usually part of your State’s department of health services.
A large number of medical malpractice lawsuits stem from the misdiagnosis or delayed diagnosis of a medical condition, illness, or injury. When a doctor's diagnosis error leads to incorrect treatment, delayed treatment, or no treatment at all, a patient's condition can be made much worse, and they may even die. That being said, a mistake in diagnosis by itself is not enough to sustain a medical malpractice lawsuit.
I was referred to a GI about my chronic condition that is out of control. when I got through all the red tape and hassle that comes along with Medi-cal I was able to finally go to the appointment. When I got there he refused to treat me or give the most important medication I needed. He said that he does not have experience in my condition because the Asian community rarely has cases of this condition (He is asian and I am not). I told him I am in urgent need for my medications but he said he cannot help and that I need to see another GI. I think he refused because I have Medi-cal because he made a couple of comments on my insurance. and some racism might be involved because of the Asian comment he made and the fact that all the ppl in the waiting room were asian.
Delayed diagnosis of cancer is one of the most common types of delayed diagnosis cases. Unfortunately, this occurs a lot more than it should. When considering suing their doctor for delayed diagnosis of cancer, plaintiffs must consider the fact that they already had cancer when the negligence occurred. It is this very pre-existing cancer which gives rise to the possibility of a case – the cancer was there to be diagnosed, and that opportunity was lost
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!
Bring a recorder in next time. Honestly, it's something I will do if I ever speak with a Doctor again .I've known one that completely lied on my notes and I was shocked. If I didn't agree with him he replied don't forget "I have your notes" this Doctor abused his power and I was emotionally broken. Doctors and therapist that abuse need OUT of the health fields and please remember they are not always right..My heart goes out to anyone who has ever been taken advantage of or harmed by any Doctor or therapist. They have rules that by law they must follow.
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.

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.
I am a cancer patient at a very large cancer center in FL – I have been treated in their palliative pain department for over 3 years due to pain caused from nerve damage in surgeries/lymphedema/ and a chronic pain condition of the lower extremities. I argued with my dr. about the constant increase in my pain meds – i did not want them to increase, but was told that was the only way to manage the pain I was in. After a few months, I relented. 3 years later, Im labeled a “stable” patient and released from the cancer center to find a community dr. I was told that since my cancer was now in remission and my pain under control, they needed to tend to more needy patients. OK. I could not find any “legal” doctor to see me for pain management. The ones i found were either asking for lots of $$$ up front (no thank you) or only helping patients with injections or spinal surgeries. I finally found a DR. who agreed to help me – ween off the pain meds only – because he did not want me to be forced to go cold turkey off the dosages i was on. Fine by me.
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.
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.

To discuss your potential medical malpractice claims with one of our compassionate Connecticut personal injury lawyers contact our law offices in Stamford or Bridgeport today. Our dedicated medical malpractice lawyers will provide a free initial consultation to help you evaluate whether you have a viable legal claim and explain your options for moving forward.
Duty of care was established not with patient's rights in mind per se, rather it was founded in, as worded by historian Harvey Teff, "the mystique of medicine and the strength of its professionalization.” The common layperson can not and will not comprehend the intricacies of medicine, so no objective standard may be set by non-medical professionals.
The doctor knew full well this would happen – there is no excuse and I will not let this slip. No one should. I like the comment regarding managing your own pain as a chronic pain pt however there is no amount of managing you can do when you span years and your body is used to something and then it goes away.. You may not be addicted mentally but your body will betray you in the end as I’m showing you – I never asked for an increase, I never misused my meds, I never sold them – I was stable for 9 years. I would not consider myself an addictive-personality either but your brain gets re-wired and this is a case that no one should ever have to face.
There was a violation of the standard of professional conduct - The law acknowledges that there are certain legal standards that are recognized by the profession as being acceptable conduct. These standards of professional conduct are largely determined by the ethics rules of the state bar association. Attorneys have an obligation to their clients and the bar to operate within these standards. Clients have the right to expect attorneys will follow the law, behave in an ethical and honest manner, act in the best interests of their clients with integrity, diligence and good faith, and will execute their matters at a level of competency that protects their legal rights. Lawyers must also maintain and supply clients with full and detailed reports of all money and/or property handled for them. Finally, attorneys must not inflict damage on third parties through frivolous litigation or malicious prosecution. If it is determined that the standards of professional conduct have been violated, then negligence may be established.
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.
GOOD LUCK getting THEM to write you a prescription for a highly addictive drug, betting none of their patients will abuse it and then try to destroy them, for their kindness. If you think surgery is expensive in this country, just wait until you see the price of pain management, in a society full of overgrown children who believe that every mistake they make is somebody elses’ fault. By siding with the abuser, juries have no idea how painful a mistake they are making for themselves. Chronic pain comes to almost all of us in time, but in the future, relief from it may only be found on the streets at 30 times the cost, and risking prison to get it.
Many people mistakenly choose to file medical malpractice lawsuits because they are unhappy with the results of their treatment. However, a poor result -- even death -- does not always equate to malpractice. Medicine is an inexact science. Even the most routine procedure can result in complications both foreseen and unforeseen. There are no guarantees that any treatment, no matter how commonplace, will be successful. As such, it is possible -- and even common when it comes to some procedures -- for doctors to do everything right and still fail to obtain a good result.
Even if one manages to get a court to take jurisdiction, enforcing a judgment may be nearly impossible. If the judgment is obtained in America, enforcing the judgment in a foreign nation may require filing an entirely new lawsuit to domesticate the judgment, which could take nearly as long as pursuing the case in that country in the first place. If the judgment is domestic, or if the nation agrees to domesticate the judgment of a US court, foreign laws regarding collection of judgments usually differ greatly from American laws and may interfere with seizing or levying on assets and accounts.
* Contingency fee model. An alternative to the fee-for-service model, where the injured party takes all the risk, is the contingency fee model. This option, provided for by the Contingency Fees Act of 1997, offers a mechanism for people with insufficient funds to access the courts if they have a good case. Under the terms and conditions of the agreement, lawyers provide their services on a “no win, no fee” basis. If the case is successful, the lawyers are entitled to double their fees to a maximum of 25 percent of the settlement, whichever is lower.

That is one of the main reasons the legal system exists! To compensate people who been injured by their doctors’ mistakes! If your doctor has made a medical mistake, he may well have committed what is known in the legal community as negligence. In order to prove negligence, your attorney will have to show that (a) your doctor owed you a duty of care, (b) your doctor breached that duty of care, (c) your doctor’s breach caused you injury, and (d) you did in fact suffer an injury.
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