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Medical Malpractice Insurance Wiki | Medical Malpractice Attorney Schaumburg

^ Faulty Data and False Conclusions: The Myth of Skyrocketing Medical Malpractice Verdicts, Lewis L. Laska, J.D., Ph.D. and Katherine Forrest, M.D., M.P.H. Commonweal Institute, October 6, 2004. From the report, "The premise that medical malpractice awards have been rising dramatically in the United States in recent years, driving up the cost of healthcare and forcing physicians out of practice, is not supported by relevant evidence."
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.
This means that if an employee or other individual under the direction of the employer acted in a negligent manner, the employer is responsible for the injuries that resulted. Generally, nurses, medical technicians and paramedics are the direct employees of the hospital. If the hospital employee was performing a job-related function when the patient was injured, the patient can usually sue the hospital for the employee’s mistake.
*AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories ─ legal ability and general ethical standards.

While both doctors in the above example should be able to diagnose the flu or pneumonia with relative ease, it would be more difficult to argue that the rural doctor was negligent for missing a diagnosis of some type of exotic disease usually only seen in people from foreign countries. On the other hand, the big city infectious disease expert would likely be negligent in not making the same diagnosis.

Research indicates that communication problems are a factor in up to 80 percent of medical malpractice cases. One study concluded that physicians did not acknowledge 36 percent of abnormal radiologic results. Another study found that 17-32 percent of physicians reported having no reliable method for ensuring that test results are received. The same study also reported that one-third of physicians do not always notify patients of abnormal test results. By one estimate, abnormal outpatient test results are not communicated in 7.1 percent of treatment relationships.
More and more people in South Africa are taking their doctors and other healthcare professionals to court for medical malpractice – so much so that the increase in litigation is contributing to our high medical inflation. But you can’t take such action lightly: the legal process is fraught with pitfalls and can be very drawn out, and the costs can be high. You need to be sure of your case, and of all the hoops you’ll have to jump through, before pursuing a claim.
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.
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.

“Special damages (compensation for the injured party’s future medical expenses and loss of income) probably cannot be capped in South Africa, and this usually represents the largest part of any claim. Without adequate compensation for legitimate injuries, patients would be totally dependent on our public healthcare system for their future care. Receiving compensation from private sector healthcare providers and then relying on the state for any shortfalls is unfair,” he says.


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 ” .

In the vast majority of cases, the Doctor who takes on your care will do so in a highly professional manner, but there may be occasions when their standards fall short of acceptable. If it can be shown your Doctor failed in their duty of care, in a manner tantamount to negligence, and that you suffered some form of loss, damage, or pain as a result, you may have cause to pursue a claim for medical negligence.

While some medical errors are readily apparent, many times a serious hospital error is not immediately obvious. You may have a suspicion that you or your loved one has been harmed by a hospital’s substandard care. In most instances, you will need to have your medical records reviewed by independent medical experts to determine whether a preventable hospital error occurred.
Why is the statute of limitations deadline so important? If you try to file your claim after the deadline has passed, the health care provider you're trying to sue us sure to make a motion to dismiss the case, and the court is certain to grant it -- unless there's a reason to extend the deadline as it applies to your case, including the exceptions we've discussed in this article.
Various studies have shown that the Texas tort-reform law has had no effect on healthcare costs or the number of physicians practicing in the state.[45] A February 2014 study found "no evidence to support" the claim that "there had been a dramatic increase in physicians moving to Texas due to the improved liability climate."[47] The study found that this is true "for all patient care physicians in Texas, high-malpractice-risk specialties, primary care physicians, and rural physicians.[47]
If we accept your claim on a Conditional Fee Agreement, we will always aim to beat a success fee offer by another firm. You should be aware that there may be deductions from your damages in relation to and after-the-event (ATE) insurance policy, this protects you from any adverse costs. Here at Been Let Down, we are highly experienced Solicitors who will maximise the damages you are entitled to, which gives Been Let Down a competitive edge over other Solicitors offering the same services.
Regarding Moviedoc's comment, "Treating a rape victim must you tell them you were raped by your brother when you were 10?"...This is probably a bit too much information. However, telling a rape victim that you (the treating therapist or Psychiatrist) are a survivor of rape is often very helpful! Rape victims often think that no one understands, and that they can not survive. Having someone right in front of them who has experienced the same thing and survived it, is therapeutic. It should never be confabulated though, either true, or not said.
So heres where everyone gets mad at me….. Yes, Im saying this is 90% my original DR.’s fault. Im on disability and not able to see ANY dr. i want – I tried to reason with her to NOT increase the dosage. Did i end up taking the patch and pills prescribed? YES. But i was also told by the prescribing DR. that addiction would NOT be an issue. Tolerance, yes.. but specifically NOT ADDICTION. Its in her clinic notes, and I have copies of all of them.

Cavendish ruled that a physician could be held liable if and when they harmed a patient as a result of negligence while stipulating that a physician who diligently adhered to the standard of care would not be liable even if he accomplished no cure. A legal precursor to expert testimony came in 1532, when a law passed under the reign of Holy Roman Emperor Charles V, requiring the opinion of medical men to be taken in cases of violent death. In 1768, Sir William Blackstone penned Commentaries on the Laws of England, in which he recruited the Latin term “mala praxis” to describe the concept of professional negligence, or ‘tort' in modern parlance. Blackstone noted that mala praxis “breaks the trust which the party had placed in his physician, and tends to the patient's destruction.” The proper term of ‘malpractice' was coined sometime thereafter, deriving from Blackstone's work.
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There are lots of laws applicable to punish physicians who make affirmative bad judgments as to medical care and treatment. But there is no law that affirmatively compels a physician to prescribe or provide medication that the physician does not believe is in the patient's best interests. This doctor told you that he lacks the knowledge to conclude that the drug you wanted was correct for a patient in your circumstances. Given that fact, he had no legal choice but to decline to provide that drug.
Regardless of the type of medical test performed, if the results are not communicated in a timely and appropriate manner and the patient subsequently suffers harm, it may form the basis of a medical malpractice lawsuit. Harm, however, must be suffered, as a patient who suffers no injury after a failed communication will probably have no basis for a lawsuit.

To add indirectly to Jeremy,s post a “startling ” piece of news has reached me from the Home of far-right Capitalism in relation to health care .AS you know the biggest debt in the US is health care not a mortgage many people taking their whole lives to pay off the medical charges “Obamacare ” was introduced but highly criticised by insurance companies and BB who were in the medical business . But hold on the great State of Colorado could become the first US State to replace it with —hold on —- an equivalent of the UK NHS — dont all jump up with indignation shouting –never ! we wont let it its “un- American ” they actually want to impose a tax hike on Colorado residents to pay for it –$38 billion of 10 % on the payroll tax –notice in this country cameron is using that as an excuse to Privatise the NHS . It would mean all residents would have EQUAL care – no gold-silver or bronze care and they could chose any doctor and specialist whether in or out of the network and deductibles would also be elimated . US BB medical are spitting fire as is Insurance groups ,do I need to say why ? well yes some might still think the US is run in a philanthropic manner —Profit -money $Billions – it will be interesting to see how far it gets and whether the Colorado residents vote it in ,there again they voted in Bernie Sanders so there is a chance . I look forward to watching massive funds being pumped into media advertising telling the people how its too dear when US medical costs are enormous even priced down to napkins and face masks etc etc.


Another common form of physician negligence is surgical error. Like all types of medical malpractice, surgical error is dependent upon the standard of care. But unlike in diagnostic error cases, common surgical errors are often very easy to identify. Amputating the wrong leg, leaving surgical instruments inside a patient’s body, performing the wrong procedure, or performing a procedure without informed consent -- these types of errors constitute physician negligence and are often very east to spot. If your surgeon breached the standard of care and caused you harm, your surgeon was likely negligent.

In most cases, doctors are not considered the direct employee of the hospital, but rather independent contractors. However, in some situations, doctors are employees. Doctors are more likely to be found to be employees of the hospital if the hospital controls the doctor’s working hours, vacation time and the fee schedule for the doctor’s services. In a few exceptions, a hospital may be found to be liable for a non-employee doctor’s services.
Errors in treatment go hand-in-hand with diagnostic errors. If your physician negligently misdiagnoses your condition, it is likely that the treatment prescribed will also be improper. For example, if you were misdiagnosed with cancer, any prescribed chemo or radiation therapy could have a detrimental effect on your health. This error in treatment -- which is dependent upon your physician’s negligent diagnosis -- also constitutes medical negligence and malpractice.
Regarding Moviedoc's comment, "Treating a rape victim must you tell them you were raped by your brother when you were 10?"...This is probably a bit too much information. However, telling a rape victim that you (the treating therapist or Psychiatrist) are a survivor of rape is often very helpful! Rape victims often think that no one understands, and that they can not survive. Having someone right in front of them who has experienced the same thing and survived it, is therapeutic. It should never be confabulated though, either true, or not said.
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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 fact-finder will render a verdict for the prevailing party. If the plaintiff prevails, the fact-finder will assess damages within the parameters of the judge's instructions. The verdict is then reduced to the judgment of the court. The losing party may move for a new trial. In a few jurisdictions, a plaintiff who is dissatisfied by a small judgment may move for additur. In most jurisdictions, a defendant who is dissatisfied with a large judgment may move for remittitur. Either side may take an appeal from the judgment.
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.
Medical negligence and medical malpractice are two terms that are often used for the same event.  They describe a situation in which a physician, nurse, or hospital failed to treat a patient at a reasonable standard expected from a medical professional under those conditions. In addition, that improper care  must have caused some injury to the patient, which then must have caused some damages to the patient, as well.
A doctor might simply forget about a patient or the patient might become "lost in the system" due to a computer glitch. In some cases, doctors have argued that they should not be held liable for abandoning a patient because there was no intent to abandon. This argument has failed almost without exception because a doctor has a duty to continue treatment of a patient until the patient is properly released. The only difference between an intentional and an inadvertent abandonment case is that punitive damages might be available in a case where there is evidence of an intent to cause harm.
I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger and can not create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterwards, don't hesitate to Reply and I'm happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks!

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.


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.
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.
But Clink, this isn't a case of the patient saying "If only I had known about this" it's a case of the patient saying "If the doctor hadn't lied about this when I asked." Those are two very different things. In the former case, you could say that it was something that the patient hadn't thought of beforehand and that the doctor wasn't obligated to disclose. In the latter, the patient did think about it beforehand, expressed that they considered it to be something that they needed to know, and the doctor deliberately gave them inaccurate information. You can't draw a line from one to the other that easily.
Our attorneys have a strong record of succeeding in serious personal injury cases in which the negligent party is an agent of the government. In fact, our firm obtained two of the largest Federal Tort Claims Act verdicts in United States history: Dickerson v. U.S., a medical malpractice birth injury case in which our clients received $15.75 million, and Lebron v. U.S., another medical malpractice birth injury case in which our clients received $18.96 million.
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.
Second, you should never be paying money to any lawyer upfront to bring your malpractice suit. A lawyer should never ask you for money to pay for the costs of your case. If he does, find a new lawyer pronto! Law firms experienced in malpractice litigation will never ask their clients to pay for the expenses of their case. It is a cost of doing business for malpractice law firms to pay for the costs of hiring medical experts, obtaining medical records, paying for depositions, and the like. Lawyers who ask you to pay for the costs of your case before the case is resolved have no business in malpractice litigation and you should take such a request as an urgent warning to find a new lawyer.
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