All this speculation about what might happen to the UK’s health services isn’t getting us anywhere. Since a high proportion of the staff in the NHS are fairly left-wing socialist sympathisers I don’t think any radical transfer of our hospitals to private companies is going to happen as any government that tried to do it would soon be out of office.
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.
Unfortunately worker compensation doctor are not your personal doctors and it is not their job to help you. They only serve the role to provide medical information and determinated for review by the board. If you're not pleased with your current attorney I suggest you tell him and if that does not resolve the problem then you should retain a new attorney
For instance, a boy named William Parr was born with a lump in his leg that was diagnosed as a tumor when he was eight years old. Doctors at Massachusetts General Hospital performed a procedure to remove it. But a complication occurred during the procedure that resulted in a burn, which caused significant pain, refused to heal and became infected. The medical team tried for some time to fix the problem, but eventually the boy’s leg had to be amputated.
Differential diagnosis is a systemic method used by doctors to identify a disease or condition in a patient. Based upon a preliminary evaluation of the patient, the doctor makes a list of diagnoses in order of probability. The physician then tests the strength of each diagnosis by making further medical observations of the patient, asking detailed questions about symptoms and medical history, ordering tests, or referring the patient to specialists. Ideally, a number of potential diagnoses will be ruled out as the investigation progresses, and only one diagnosis will remain at the end. Of course, given the uncertain nature of medicine, this is not always the case.
Although it is not unheard of for a doctor to alter medical records, it is extremely rare. If your doctor does alter your medical records, this fact alone will not irreparably harm your case. There have been major advances in forensic technology over the past years. It is now possible to detect changes in ink, spacing, and handwriting that may have been made by your doctor when he tried to alter your records.
I feel when I kept having to go back and back he would of figured something else was going on as a Trauma orthopedic doctor and he didn't. Plus he neveroffered me any physical therapy. My family doctor in December ordered it for me to go one time to see what I could do. The PT said my foot was really in bad shape as far as movement. Several of his paers also contradict themselves and so I feel I did not receive proper care from him. I had surgery in March from another doctor, and now it is almost a year with this whole ordeal which could of been done if he would of investigated my problems earlier.
In 2013, BMJ Open performed a study in which they found that "failure to diagnose" accounted for the largest portion of medical malpractice claims brought against health professionals. Furthermore, the study found that the most common result of this negligence was death of the patient. The other most common categories of malpractice include negligent treatment and failure to warn.
Cause: The link between a person’s act or failure to act and the resulting injury to the plaintiff. Imagine that a nurse practitioner did not record on the chart a patient’s current medications. If this led to a doctor prescribing a drug that was contraindicated with drugs the patient was already taking, the nurse practitioner’s inaction caused any resulting harm to the patient.
Experience: All attorneys are not created equal. Many attorneys today work as general practice attorneys, meaning they handle all types of cases from criminal matters to civil suits. However, if you have experienced a case of medical negligence, it is important to have an attorney who specializes in medical malpractice. You do not want a lawyer whose first trial is going to be this case. Even attorneys who specialize in civil matters rarely go to court, as many of their cases settle without a trial. At The O’Keefe Firm, Stephen O’Keefe has had years of actual trial experience specializing in medical malpractice cases. Although your case may be resolved without stepping into the courtroom, you can be assured that Mr. O’Keefe has the trial experience necessary to fight for your rights in front of a jury.
Thomas J. Lavin, Esquire, has been practicing law in New York since 1984. His practice focuses primarily on protecting the rights of the injured. Mr. Lavin graduated summa cum laude from Iona College in 1979 and earned his Juris Doctor degree from St. John’s University School of Law in 1983. The Law Offices of Thomas J. Lavin have provided legal help to more than 5,000 accident victims in thirty years of personal injury practice.
The NHS has a complaints procedure which is distinct from making a clinical negligence / medical malpractice claim for compensation where you sue the NHS or sue NHS hospitals or trusts. Under the NHS complaints procedure a patient can make a complaint about NHS staff (such as a hospital doctor, GP, nurse or ambulance driver) when unhappy with the treatment or service received.
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.
Before you sue your doctor for medical malpractice, take some time to consider whether you believe your case meets the threshold for a medical malpractice claim. Did your doctor breach the medical standard of care and did that breach cause you to suffer damages? Be honest with yourself. But for your doctor’s breach of the standard of care, would your injuries have occurred? If your answers are “yes” and “no” to those questions, your case may have a shot. If you can allege, with expert support, that your doctor breached the standard of care, and but for his breach your injuries would not have occurred, your case will likely not be immediately dismissed.
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.
Navy Medical Malpractice Birth Injury $2,322,359 received by clients with lifetime benefits $600,000 attorneys' fees $77,641 litigation expenses Carman v. United States Portsmouth Naval Medical Center During labor and delivery, Navy providers failed to timely respond to our client's placental abruption causing permanent and severe brain damage to her baby.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies. In the event that you have follow up questions, please post them directly on this site. This does not create an attorney-client relationship and the attorney does not read unsolicited emails. Thank You.
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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.
Your safety and health should always be your first priority in any medical decision you make. If you have already been injured by a doctor’s negligence or mistake, report the problem to your doctor immediately and seek immediate medical treatment from a different physician. If you identify problems early, another physician may be able to improve the medical error.
A word of caution on the types of medical errors described below: Keep in mind that just because a doctor made a mistake or a patient was unhappy with a course of treatment or its outcome, that doesn't mean malpractice necessarily occurred. In order to meet the legal definition of medical malpractice, the doctor or medical provider must have been negligent in some way -- meaning the doctor was not reasonably skillful or competent, and that incompetence harmed the patient. (To learn more about what does and does not constitute medical malpractice, see Nolo's article Medical Malpractice Basics.)
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.
Patients choose not to pursue valid medical-malpractice claims for numerous reasons: Some are concerned that other doctors will learn of their cases and refuse to treat them. Some fear—incorrectly—that it will lead to an increase in the cost of their medical care. And others forgo valid claims due to the perceived personal and financial costs associated with litigation.
While an investigation against your doctor could lead to the revocation of his license, such action is rare. Only in the most extreme cases, where the Board feels that your doctor is a threat to the well-being of his patients, will his or her license be revoked. The Board could decide to take lesser action such as limiting his license, issuing a censure and reprimand, or require him or her to attend training.
We physicians need to spend out time working with each other to limit abuse and overprescibing when we find it, and educate our patients as best we can regarding our need to limit and taper ceratin medications. While this is unpopular with many patients who are afraid, uneducated or in “pharmacuetical sales themselves”, it is necessary to protect not only them ,but the general public and ourselves. We need to inform legislators so they can make informed legislation, such as commonsense driving laws that do not arrest patients who are stable on mediction for simply driving to work.
For example, if a doctor prescribes a medication without first asking you about allergies, and you have a severe adverse reaction, this could be a case of negligence. But if you failed to mention one of your allergies when asked, or the doctor could have had no way of knowing that you could be allergic to the medicine prescribed, there was no negligence, and you would be unable to sue for malpractice.
dear carol i know its not much to offer in this situation but i can give you infromation that might help your son first of all have you consired he is having side effcets to the new medication make sure you geg name of it also i suggest you had to pandasnetwork. org it not what you think it talk about an autoimmune condtion that cause many syptoms like you say also if are heading to a solictor maybe talk your son into getting a chromosome test if possible because if they belive adhd is caused by improper chromosome numbers they should of least told you about it hang in there its such a shame what those pschyrtist do they like vlutrues they prey on weak till they dead,thats an offense to vlutures least the ARE HONEST hope info help
Medical malpractice involves an injury brought about by a breach in the duty of care that a doctor or another medical professional owes their patient. A glaring example might be if the doctor sewed you up with a medical tool left inside of your body, but a less obvious one might be misdiagnosing you and treating a disease that you do not have while neglecting to treat the one they failed to diagnose.
Patients can already sue doctors for prescribing medications if they can prove that writing the prescriptions violated the standard of care and that they have suffered damages as a result. But Tick wants to take the concept a step further. If the patient sues a doctor and wins, the patient should receive payment for rehabilitation, possible punitive damages, and attorney’s fees.
An August 2003 National Bureau of Economic Research paper by Katherine Baicker and Amitabh Chandra found that (1) "increases in malpractice payments made on behalf of physicians do not seem to be the driving force behind increases in premiums"; (2) "increases in malpractice costs (both premiums overall and the subcomponent factors) do not seem to affect the overall size of the physician workforce, although they may deter marginal entry, increase marginal exit, and reduce the rural physician workforce"; and (3) "there is little evidence of increased use of many treatments in response to malpractice liability at the state level, although there may be some increase in screening procedures such as mammography."
With the exception of a small minority of cases, the Florida medical malpractice statute of limitations is a hard and fast rule. Consequently, if you fail to file a claim or lawsuit for medical malpractice within the allotted time frame, you will be precluded from ever seeking monetary damages in your case. If you suspect that you sustained an injury or illness as a result of doctor negligence, you should contact the medical malpractice lawyers at Dolman Law Group as soon as possible.
However, our legal system is set up in such a way where monetary damages is not only a way to compensate persons for lost wages, medical bills, and pain and suffering; it is also there as a way to hold doctors accountable for their actions. Without the threat of monetary sanctions and lawsuits, doctors would lose some motivation for conducting their professional lives in a careful and cautious manner. Furthermore, if you doctor did negligently injure you or a loved one, bringing suit against him may serve as a wakeup call and could possibly prevent him from injuring someone else in the future.