free
hit counter
Medical Malpractice Europe | Medical Malpractice Attorney Schaumburg

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.
In most "injury cases" - social security disability, workers' compensation, personal injury - you will be examined by a doctor from the "other side." Often the doctors involved have different opinions. The rules put forth by the Social Security Administration give more weight (consideration) to the opinion of a treating physician for this very reason - a treating physician should know their patient better than an IME doctor.
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.
Another potential cause of action is intentional infliction of emotional distress. This is based on a doctor’s outrageous conduct that intentionally or recklessly causes a patient to suffer severe emotional distress. This must be beyond a mere slight as it must be something that would outrage society. The common law tort required a physical manifestation of injury, but most jurisdictions no longer require this element. This cause of action has been successful in some cases in which patients recorded their doctors performing medical treatment while mocking and ridiculing the patient to a serious degree.
Not every medical error is preventable.  And despite taking every available precaution, you may still be exposed to medical error.  In the event you are harmed by a medical error, you may be concerned for your health, frightened by the possible consequences, angry at the mistake, or any combination of these and other powerful emotions.  In this state, you may not know what to do next or how to report the incident.  In the following article, InjuryBoard provides you with an easy to understand guide explaining what to do when you’re injured by a doctor’s mistake and how you can help prevent others from suffering in the same way.
Unfortunately, just because one of these things occurs does not mean you have a claim. Medicine is not an exact science, and the law does not obligate doctors to be error-free 100 percent of the time. If doctor error occurs but there is no breach of a standard of care, you may not have a strong claim. If however, doctor error occurs and there is a breach of a standard of care, then malpractice may have occurred.
Plus lately there have been so many horror stories in the UK of patients been sent home from hospital with paracetamol after seeing a doctor for symptoms of high fever, vomting etc only to die a few hours later from meningitis. One patient even had all the classic symptoms and the RASH and the doctor sent her home with paracetamol where she later died.
Navy Medical Malpractice Birth Injury $2,216,740.36 received by clients with lifetime benefits $560,000.00 attorneys' fees $23,259.64 litigation expenses Calcagno v. United States Naval Medical Center Portsmouth (NMCP) Misdiagnosis of a marginal ulcer leading to fetal distress. Mother required emergency laparotomy with cesarean section, and baby had significant developmental and neurological
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.
My son was diagnosed in his teens with ADHD Paranoid schizophrenia which he was prescribed rispiridone which stabilized his condition slightly but as an adult he couldn't tollorate the side affects any longer and his team (lol) changed it over 2 years ago, since then it's been a living hell. He has been in a psychotic state since and no one is helping him, he totally believes what he thinks is happening to him is real and he has no mental illness, teams (lol) have seen him periodically and he convinced them it is all real and walked away! Fuelling his beliefs although it has been proved by the police numerous times the GP blood tests and a&e visits that nothing is being put in his water supply food etc but yet he still TRUELY believes he's being targeted and drugged. I've tried and tried to tell his GP, rang the local mental health units and told them, rang his adolescent psychiatrist who was brilliant when he was a teen but did nothing as an adult as they are moving and he wouldn't work with them after the visit to his home to section him in which they left believing him, but to my son it is real he's delusional, psychotic, violent, demanding, they are ment to be professionals! I no longer live near my son due to health issues, spinal injuries, ms/me hemoplegic migraine amongst others, so my youngest son who lives 2 mins away from my elder with the schizophrenia has now become his frontline resulting in my youngest son becoming depressed and selfharms with all the pressure and stress! Adolescent mental health care brilliant in till they are an adult then they are dropped like a stone and family has to cope best they can no matter what it does to them physically or mentally. We're all at breaking point. If he'd of had learning difficulties he'd get the help but because he's autistic and very intelligent they believe every word no matter the text, vids, messages on social media that prove his mental state, he is now facing eviction because of his psychosis. This is 100% true every word, this is care in the community, what an utter let down not fit for purpose in any way shape or form, if I hadn't experienced the neglect of care I wouldn't of believed the state of our mental health profession, they are duty bound to give help and most if all CARE, I feel that in the near future I will be seeking a solicitor to take this matter further.
Our attorneys treat clients like we would our own family. We understand how important it is to have a compassionate bedside manner.We take the time to listen to you, answer your questions and ensure you understand what to expect in your medical malpractice claim. Just as we would for a family member, we commit to having a partner in our firm oversee each case, rather than handing off claims to a “case manager.” Our attorneys are always available to personally speak with you about the progress on your case.
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.
After experiencing negligent medical care from a trusted physician or hospital, it can be difficult choosing an attorney from a sea of unknown names. The law firm you choose may be the most important decision you ever make about your case.  Ask each attorney you are considering how many medical malpractice cases they have actually tried. Then ask yourself, for the same fee, wouldn’t you rather have the experience and expertise of The O’Keefe Firm to represent you?
In the course of medical treatment, mistakes can be made that can further damage your health — or lead to new issues altogether. When these situations are caused by the medical negligence of health care providers, it is important that they are held accountable — not just so that those affected can be compensated, but so that the negligence is not repeated.

That’s impossible. A reputable personal injury attorney will not charge you for an initial consultation. Michaels & Smolak will give you a free consultation. If we decide to represent you, we will charge you on a contingency fee basis, which is usually 1/3 of the net recovery we obtain for you, whether from a settlement or from a jury. Since the initial consultation is free, why wait? Contact us today for a free consultation.


This is a crucial determination. Just because medical negligence occurred at a hospital, it doesn't necessarily follow that the facility itself can be held responsible. If your case is based on sub-standard care provided by an individual doctor, and that doctor is an independent contractor (and not an employee of the hospital), you need to pursue action against the doctor him/herself. In many cases, you can't sue a hospital for a doctor's treatment error, unless the doctor is an employee of the hospital (most are not), or when the doctor's incompetence should have been obvious to the hospital.

Here is the step most people don’t realize. If the patient’s lawyer wants to take the case further, they need to get an expert witness. That will cost them a lot of money. So if the case is weak, they will do some sort of calculation. For example, they will say they spent 50 hours so far, and they want to make 10,000 for that, so they will offer to dismiss the case for 20,000, which they will split with the patient. Many cases will settle at this point, because it’s easier to spend a little money and avoid the massive costs of going to court, as well as avoiding the risk of a big payout to the patient. This is the reason I say it’s easy to sue a doctor for malpractice, lose the case, but still make some money.


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.
Is our situation unique? According to the MPS report, in the United States there have been two waves of legal reforms prompted by medical malpractice claims: one in the mid-80s and another in the early 2000s. Reforms were driven by an increase in insurance premiums and concerns about access to health care. Since 2000, 29 states in the US have introduced limitations on damages; some limit both “economic” and “general” damages (compensation for pain and suffering), while others cap only general damages.

First, we must establish the requisite standard of care for treatment. Under Connecticut medical malpractice law: “The prevailing professional standard of care for a given health care provider shall be that level of care, skill and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
Medical malpractice claims are incredibly complex cases, and the laws governing them vary from state to state. Even the most obvious malpractice claims will still require meeting numerous administrative, or claim filing, prerequisites, such as providing the doctor or hospital with notice, or even getting another doctor’s opinion. Some states even have shorter statute of limitations for malpractice claims.
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.
Ex.: Texas has a two-year statute of limitations for medical malpractice cases, and has adopted the continuous treatment rule. If a doctor in Texas causes an injury during surgery, and continues to treat the patient for that injury for 4 more years, then the statute of limitations does not begin to run until the doctor has completed treatment. So, the patient in this example has a total of 6 years to file a lawsuit after the injury was inflicted.
“There are no easy answers, but there are a number of practical steps that can bring stability to an ailing industry,” he says. “In my view, mediation is one of the best options we have available to us and it should be promoted and embraced (by plaintiffs and defendants) more widely. Mediation is inherently a process of reconciliation as opposed to litigation, which is adversarial (and unpleasant).
Is our situation unique? According to the MPS report, in the United States there have been two waves of legal reforms prompted by medical malpractice claims: one in the mid-80s and another in the early 2000s. Reforms were driven by an increase in insurance premiums and concerns about access to health care. Since 2000, 29 states in the US have introduced limitations on damages; some limit both “economic” and “general” damages (compensation for pain and suffering), while others cap only general damages.

Expert witnesses, copies of medical records, deposition and witness fees, medical exams -- all of these things cost money. And if you lose your case, you could very well be on the hook for thousands or tens of thousands of dollars in expenses - depending on your legal fee agreement. Is your case important enough to you that you feel the potential financial benefit outweighs the risk?
Cost: Your prospective attorney should offer you a free consultation. Our consultations are always free. No client should be turned away from legal aid simply because they cannot afford a consultation fee. Once you have met with an attorney and have decided to hire him/her, you should discuss prospective costs of the case. In medical malpractice cases, clients frequently pay nothing upfront. In fact, a client only pays if they win their case. Usually, an attorney will work on a “contingency fee” basis, earning a percentage of the settlement or jury verdict. Be sure to ask your attorney whether she/he will be responsible for the costs of the litigation. The cost of litigating a case can easily run into the tens of thousands of dollars.
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.
If a doctor fixes a serious medical problem that she finds while in the middle of another procedure, the patient probably does not have a claim for lack of informed consent. For example, if a patient consents to an operation in which the doctor will fix a heart valve, and in the midst of the operation the doctor finds another serious medical problem with the patient's heart, the doctor can go ahead and fix the second problem without getting separate informed consent from the patient.
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.
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.
For more than 30 years, Hodes Milman has provided families and individuals experienced, trusted and compassionate legal representation when they've been injured by another's carelessness or negligence. As a team of personal injury and product liability attorneys, Hodes Milman provides focused expertise to build a strategic case against negligent, injurious and willful offenders.
If you qualify for compensation in the form of damages paid, you will most likely receive ‘Compensatory Damages’. These are based on your financial losses as a result of the malpractice including medical bills for extra treatment and earnings lost during your recovery period. Non-economic damages are intended as compensation for psychological, physical harm and distress.
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.
Examples of doctor negligence involve patients' complaints not being taken seriously enough, illnesses being incorrectly diagnosed, GPs refusing to carry out blood tests, incorrect or inappropriate medication being administered, incorrect doses of medication being prescribed, referrals to specialist consultants not being made in time or at all and follow up appointments/treatments not been carried out quickly enough . They can also include serious illnesses (such as cancer) being misdiagnosed as something less serious, broken or fractured bones going undiagnosed due to lack of referral for x-ray, failing to follow-up on a patient’s complaints and concerns, failing to correctly identify an illness or injury and treating an injury or illness in a manner which leads to complications and/or further injury or illness.
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. 
In Michigan, you must file a medical malpractice lawsuit to sue a hospital within two years of the date of the medical malpractice or medical negligence. There are only a very few number of exceptions to this rule so it is important to consult with an experienced medical malpractice attorney as soon as possible to discuss your case. If you miss a deadline, your claim will be lost forever.
In the mid 1990s the concept of a ‘gratuitous care’ award was developed by the High Court.  Basically, if you can’t look after yourself or your house (or in some cases your children) because of your injuries, then you can claim the cost of a commercial carer or cleaner even though your family is doing the tasks you can’t do.  For a while this was a very lucrative area of damages but now there are laws that place both a threshold and a cap on what you can claim.  Put simply, you aren’t entitled to any gratuitous care award unless you need at least 6 hours of assistance per week for at least 6 continuous months and the hourly rate of any award is capped at the Average Weekly Earnings hourly rate.  You should be careful, however, not to confuse gratuitous care with commercial care, which is a different claim for damages entirely and which is not the subject of thresholds or caps.
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!
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.
The doctor's negligence caused the injury. Because many malpractice cases involve patients that were already sick or injured, there is often a question of whether what the doctor did, negligent or not, actually caused the harm. For example, if a patient dies after treatment for lung cancer, and the doctor did do something negligent, it could be hard to prove that the doctor's negligence caused the death rather than the cancer. The patient must show that it is "more likely than not" that the doctor's incompetence directly caused the injury. Usually, the patient must have a medical expert testify that the doctor's negligence caused the injury.
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.

pauline- the official line and the one I was forced to travel as part of NHS diversification is that you MUST visit an optician ,not necessarily the one you have been attending . Get an eye test and if they find anything wrong with your eyes that they as opticians cant sort they will recommend you to an NHS eye clinic . They will send you an appointment card to attend hospital and do tests on your eyes , this might take several visits but then they will advise the next NHS treatment . I should know I went through all that and still attend . So dont start with a GP appointment you will only be told to visit an optician ,once the optician sends in his report they MUST act -full stop !
An individual can be considered negligent by committing an act that causes harm or by failing to do something to prevent harm. An individual’s actions are judged against a hypothetical standard known as the “reasonably prudent person” standard. For example, a lawyer who must decide whether a nurse practitioner was negligent by failing to use a sterile needle when taking a patient’s blood would apply the standard by asking: “What would a reasonably prudent nurse practitioner have done in the same situation?”
The first medical malpractice cases in the United States centered around a breach of contract and not failure to adhere to a standard of care. This meant that the defendant physician made some sort of express promise to skillfully render care and obtain a good result. Failure to do so was grounds for a suit. Five years after George Washington's inauguration, the country saw its first recorded medical malpractice lawsuit. A man sued the surgeon who operated on his wife and caused her to die, despite having made promises to the two that he would operate skillfully and safely. This breach of contract case resulted in a plaintiff verdict and an award of 40 pounds.
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.
The low point for the Australian medical insurance industry was in 1999 and 2000, with exponential increases in medical insurance premiums and the collapse of the HIH Insurance Group in March 2001. Since then, Australia has introduced a series of reforms, including the capping of compensation awards and dispute-resolution procedures that stipulate mediation or arbitration as the first step.
Medical malpractice occurs when patients are harmed by the actions (or inaction) of doctors and other healthcare professionals. Common types of cases in this area of law include childbirth injuries, medical misdiagnosis, surgery errors, and hospital related infections. Learn about common types of medical malpractice and legal issues like informed consent, medical negligence, and damage caps in medical malpractice cases.
A medical malpractice case isn't the kind of legal action you want to try handling on your own. These cases can get very complex from a legal, medical, and procedural standpoint. Proving your case is going to require not just a firm understanding of the law as it applies to your situation, but a familiarity with the kinds of hoops a medical malpractice plaintiff needs to jump through, including the retention of the right expert medical witness.

Copyright © 2018 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy.

×