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Medical Malpractice Cases 2018 | Medical Malpractice Deaths

The next step is to prove that the defendant doctor breached the standard of care. What should the doctor have done, and what was actually done? For example, if the standard of care required the doctor to refer the patient to a specialist before terminating the doctor-patient relationship, failure to do so would constitute a breach of the standard of care. The expert's opinion comes into play at this stage as well, painting a picture of how the care provided was sub-standard under the circumstances.
Chris Archer, the chief executive of South African Private Practitioners Forum, says it is fashionable for health practitioners to blame lawyers for the increase in malpractice cases, but the working conditions of many health professionals also play a role. “Many health professionals work in solo practices or small partnerships without professional support or routine peer review. There is limited use of protocols and guidelines and little to no teamwork among private practitioners,” he says.

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!
The doctor acted negligently. The doctor acted negligently if the doctor failed to ask you certain questions, forgot to send the blood test to the proper lab, gave a fake name for your illness and other practices which a similar doctor with the same experience would never have done. To prove this, you will have to show that a reasonable doctor would have recognized your medical problem from your symptoms and diagnosed you appropriately.
There is a statute of limitations (or time limit in which you can file a lawsuit) for medical malpractice cases. This limit varies from state to state, but in general it is about two years from when the injury occurred. To ensure you file a claim before the statute of limitations is up, you should reach out to a medical malpractice attorney as soon after you realize doctor error occurred.
Doctor Mistake, Injury is Minor – This category encompasses situations in which a doctor misdiagnoses an injury (perhaps an ankle sprain) and then quickly corrects the misdiagnosis.  Like the no-injury scenario described above, the patient would not have a case for medical malpractice against the doctor.  Because the doctor quickly corrected the mistake, the patient suffered no damage.
Once the claimant has satisfied the pre-suit investigation and notice requirements, the claimant may be able to file a medical malpractice lawsuit in the Florida court system. In order to prevail in a medical negligence case against a doctor, the claimant has the burden of proof. This burden may be difficult to meet, given that there is often a presumption that the doctor acted reasonably and properly under the circumstances.
A 2011 study appearing in the Journal of the American College of Radiology revealed that the legal costs to doctors for failing to communicate diagnostic test results rose by $70 million from 1991 to 2010 across all specialties. The lead study author stated that communication failure can happen at any level. Three scenarios, however, were identified as the leading causes of communication problems:
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.

In addition, the fact that you like your doctor doesn’t actually mean that he’s any good at what he does. It would be a mistake to let your doctor get away with malpractice if he is exercising a poor quality of care. Remember: the fact that he’s a nice guy doesn’t mean he’s a competent physician. Don’t you want to receive compensation for your injury or the injury of a loved one and possibly keep him from injuring someone else?


The Avery Index estimates that Washington, D.C. has the highest concentration of lawyers in the United States, with about 276 lawyers per 10,000 residents. Most are smart and capable. However, when the stakes are high and you are contemplating waging a legal battle to obtain justice when you have been harmed by a medical professional, you want an attorney who has tried cases before and knows what it takes to win.
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.

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What if a patient feels mistreated after the completion of therapy? Example: patient seeks contact with therapist after some new issues surfaced and being told he can't contact therapist because it would create a vortex in space-time which would subsequently swallow the entire universe (or something...) Threatening a person recovering from anxiety with law suit for trying to contact therapist seems heavy handed in the case when patient is just trying to find a solution and understand what's happening.

In the United States, there are many jurisdictional issues that could bar bringing a claim in an American court. Litigants would have to establish that the doctor had sufficient contacts with the United States for it to exert jurisdiction over him or her. Even if the court does find that it can take jurisdiction over the case, it has to determine which nation and state’s laws would apply.
This is easy to calculate in terms of Morphine Equivalent Milligram Doses (aka – MME, MMD – there are plenty of free calculators out there) and the conversion is common in palliative and end of life care – it however is / was NOT common in non-cancer chronic pain patients, where it should be. This is how you get these results in the stories above of patients on abnormally high pill counts where they could have been switched from one med that was no longer controlling their pain to another that will (and there are enough different variants that they can continue this rotation as needed near – indefinitely in most patients).
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.

Medical negligence occurs when a doctor or other medical professional breaches the standard of care. In general, a standard of care is the accepted methods of treatment applied by other medical professionals in the area to patients with identical or similar conditions. A standard of care will vary depending on a number of factors, including geographic area, the age of the patient, and the medical condition.
This Health Policy Report describes the malpractice system in the United States, examines its shortcomings, and analyzes the forces that have led to past and current malpractice crises. The authors review options for reform of the U.S. malpractice system. Conventional tort reforms include caps on damages, limits on attorneys' fees, and shortening of the statute of limitations. Experts have also proposed major system reforms, such as enterprise liability or administrative compensation.
I used to have a GP who ran morning surgeries where you could book an appointment or just turn up and wait. It was on the way to work and if there was a queue I would try the following day. The Primary Care Trust closed the surgery because it was inefficient. The students and staff who were the main users of the surgery took on the PCT because we did not agree with this assessment, but the surgery was closed as planned.
Your attorney should also disclose “bad facts” in the opening statement.[20] A bad fact is anything the defense would want to bring to the jury’s attention because it makes the defense case much stronger. For example, your failure to follow your doctor’s prescribed treatment is a bad fact. By disclosing bad facts first, your attorney can take the sting out of them.
The situation is different for patients injured in an emergency room. Usually, the hospital does not have an opportunity to inform emergency room patients that a doctor is not an employee. This means that ER patients can often sue the hospital for a doctor's medical malpractice. There are also a few states that say a hospital can be sued for emergency room malpractice regardless of what the patient believed or was told. (To learn more, read Nolo's article Medical Malpractice During Emergencies.)
A malpractice claim exists if a provider's negligence causes injury or damages to a patient. However, experiencing a bad outcome isn't always proof of medical negligence. Also, on occasion, health-care providers will inform a patient that the person has received negligent medical care from a previous health-care provider and—presumably in an effort at complete honesty—will sometimes tell a patient that they, themselves, have made a mistake.
In the doctrine of joint and several liability among tortfeasors, when there are multiple tortfeasors (“guilty” parties), all parties are equally liable for the damages caused to the injured party. This doctrine is quite harsh. For example, if the driver of a truck hits a pedestrian at night and the jury holds that the city is 15 percent responsible because it did not properly maintain the lighting at that portion of the road and the truck driver, who is 85 percent at fault, is uninsured, unemployed, and without assets, the city can be made to pay 100 percent of the damages. Under the doctrine of contribution, one tortfeasor may sue a fellow tortfeasor to recover any damages paid in excess of the proportion of fault. In most comparative fault states liability is the proportionate responsibility of each party.

If you are considering medical tourism, discuss the possible risks with your American general practitioner and, if possible, a local attorney. If you have already undertaken to receive treatment from a foreign doctor, and have suffered an injury, you should discuss the particular details of your case with a qualified, experienced attorney. You will need to find an attorney that has experience not just with medical malpractice, but also with international legal disputes. Before undertaking any legal action against a foreign doctor, you should ask your attorney whether your claim will be worth the trouble of fighting an international legal battle. You may find that you do not have the same entitlements that you would when bringing a claim against an American doctor, and this might make a victory a hollow exercise and a waste of time and money.


Prior to his presidency, Abraham Lincoln was a distinguished medical malpractice attorney, taking on cases for physicians and patients alike. Lincoln represented two defendant physicians who treated a man when a chimney fell on him. The physicians applied splints to the patient's legs, assuming he would not survive his injuries. The patient survived and was left with a crooked right leg when the splints were removed. The man recruited six attorneys, 15 physician witnesses and 21 other witnesses in his suit against the two physicians. Lincoln presented the town's only other 12 physicians. Harking to the modern statute of limitations and the importance of fresh and compelling evidence, Lincoln believed the best defense was the passage of time and so he obtained many postponements. The trial resulted in a hung jury.
When your doctor or other healthcare provider fails to provide to you the proper, acceptable standard of care or treatment, he or she has committed medical malpractice. The treatment can fall below the acceptable standard of care because of their mistakes, ignorance, negligence, lack of skill, misdiagnosis or other errors. The law holds doctors, nurses, and other medical professionals responsible for providing care at acceptable standards. When they deviate from those standards, they may be held accountable for medical malpractice. These claims are often quite complex, and the services of a hired medical professional are necessary in order to prevail. Michaels & Smolak uses the most qualified medical professionals, including medical doctors, to support their clients’ medical malpractice claims. If you want to find out more, contact us for a free consultation.

Note, however, that harm can include the progression of an injury or condition. For instance, if test results that reveal cancer are communicated too late and the patient has to then undergo intensive treatment because of the advanced stage of illness, the patient may be able to show that unnecessary harm was caused by the negligent delay in reporting the test results


Medical malpractice suits are complex, and you will need the help of a specialized personal injury attorney. If you have reason to believe that you have been a victim of malpractice, and would like to investigate the possibility of bringing your ex-doctor to justice, get in touch with Herrman & Herrman’s experienced personal injury attorneys to discuss your case. We have brought unprofessional medical personnel to account for their carelessness in surgery, prescription of medication, incorrect or failed diagnosis, birth injuries and more.

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.
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.

Bringing a medical malpractice claim is not a thing to be taken lightly. Malpractice lawsuits are expensive, time consuming, and can open you up to public inspection. And, unlike most other types of personal injury claims, case trends show a tendency toward favoring doctors and other care providers, not injured plaintiffs. Settlement, too, is far more difficult in a malpractice case due to a doctor’s ability to refuse to settle, regardless of whether his or her insurance company wants to pay. Simply put, even the most winnable malpractice case is still an uphill battle with little or no guarantee of success. Should you sue your doctor for malpractice? Perhaps, but consider what follows before you do.
Prior to his presidency, Abraham Lincoln was a distinguished medical malpractice attorney, taking on cases for physicians and patients alike. Lincoln represented two defendant physicians who treated a man when a chimney fell on him. The physicians applied splints to the patient's legs, assuming he would not survive his injuries. The patient survived and was left with a crooked right leg when the splints were removed. The man recruited six attorneys, 15 physician witnesses and 21 other witnesses in his suit against the two physicians. Lincoln presented the town's only other 12 physicians. Harking to the modern statute of limitations and the importance of fresh and compelling evidence, Lincoln believed the best defense was the passage of time and so he obtained many postponements. The trial resulted in a hung jury.
Among the acts or omissions that may potentially support a medical malpractice claim are the failure to properly diagnose a disease or medical condition, the failure to provide appropriate treatment for a medical condition, and unreasonable delay in treating a diagnosed medical condition.[7] In some jurisdictions a medical malpractice action may be allowed even without a mistake from the doctor, based upon principles of informed consent, where a patient was not informed of possible consequences of a course of treatment and would have declined the medical treatment had proper information been provided in advance.[7]
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.

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.


Incidentally, even when I was one week out of school if a patient asked when I graduated I told them the truth. Early on I did see an occasional look of fear at learning I was a newbie, but none of them asked for someone else. However, if they had asked for someone else that would have been their right and I would have respected their wishes. It's their money, their body, and their decision.
Although the laws of medical malpractice differ significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient.[2] If a practitioner holds himself out as a specialist a higher degree of skill is required.[2] Jurisdictions have also been increasingly receptive to claims based on informed consent, raised by patients who allege that they were not adequately informed of the risks of medical procedures before agreeing to treatment.[2]
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.
Sometimes, even permanent damage doesn’t have major financial implications for you. Some malpractice verdicts result in the payment of damages amounting to $250,000 or even less. Although this might sound like a lot of money, you have to remember that your costs will also be high. You will have to call on legal and medical experts, and at the end of the day, you might not gain a significant amount.

In view of Daubert and Kuhmo, the pre trial preparation of expert witnesses is critical.[16] A problem with Daubert is that the presiding judge may admit testimony which derives from highly contested data. The judge may expand the limits contained in the "school of thought" precedent. Papers that are self-published may be admiited as the basis for expert testimony. Non-peer reviewed journals may also be admitted in similar fashion. The only criterion is the opinion of a single judge who, in all likelihood, has no relevant scientific or medical training.[17]
Similar to the errors in treatment discussed above, pharmaceutical errors can constitute medical negligence if the errors are in violation of the standard of care. If you’ve watched television long enough to reach a commercial break, you’ve likely seen commercials for prescription drugs that end with a litany of potentially dangerous side effects. When prescribed and used as directed, the benefits of use are thought to outweigh the potential dangers. But if your physician prescribes an inappropriate drug to treat your condition -- whether misdiagnosed or diagnosed correctly -- he or she has violated the standard of care and committed an act of negligence.
If you believe you have lost someone due to the actions or inactions of a doctor or other medical professional, you should contact an attorney immediately. If the attorney determines that the doctor's actions were so inappropriate that criminal charges may be appropriate, he or she can guide you through the process of contacting law enforcement and filing a police report. However, in most instances the attorney will simply assist you in making a monetary recovery to provide for those your loved one has left behind.
Drove to hospital yesterday , took 1/2 hour to get parked , walked to reception , handed in form, walked to opthalmology , walked into crowded waiting room, looked for seat, saw one , walked towards seat , as I did so female appeared, Richard Bryston–Duncan Lucas , no Richard Bryston , step into room – Why did I get called so quickly — all the rest never kept their appointments and I was an hour early .

This is not to say that doctors can withhold details when they believe a patient might refuse treatment they deem beneficial, though. My father, Barry J. Nace, was actually involved in a seminal case that has helped to further shape the boundaries of informed consent in such situations. Canterbury v. Spence, 464 F2d 772 (D.C. 1972) involved a surgeon who withheld the possibility of paralysis from a spine surgery patient, fearing that anxiety on the part of the individual might lead to postponing the procedure. Ultimately, the patient suffered complications and ended up paralyzed, while the surgeon claimed he was operating within community disclosure standards—an accepted idea at the time that judged whether physicians within a particular “community” would customarily convey such information in similar circumstances.
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