Dave took over my wrongful death case after it was badly messed up by another lawyer. He was dogged in his pursuit of all the information needed to make a solid case, and he succeeded in bringing it to a very satisfactory settlement. He was honest and straightforward, kind and compassionate through meetings, depositions, court appearances. I highly recommend him. Christine
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.
Army Medical Malpractice Cancer $701,790 received by clients $250,000 attorneys' fees $48,209 litigation expenses Owen v. United States Darnall Army Community Hospital Our client underwent surgery at the U.S. Army MEDDAC in Nuremberg, Germany. Following surgery, our client transferred her care to DACH. Despite pathology results that revealed cancer, Ft.
3. Evidence - keep track of any evidence which could be relevant to your case. Keep detailed records of your appointments with your GP, together with records of any telephone consultations and referral appointments. Your solicitor will arrange to obtain and copy of your medical notes and x-rays. You will have to pass this information on to your lawyer and it will be a lot easier if you have it at hand. Keep any prescriptions, receipts from further treatments, notes of further treatment and a diary detailing the progression of your health issues. For example, if you fell ill with appendicitis and your GP failed to diagnose it, you should keep a note of the progression of your condition, if you are well enough to do so. All of this is not vital, but very helpful.
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?
This is often the most difficult part of medical negligence cases and even lawyers have trouble getting their heads around it sometimes. You may be able to prove that a doctor did the wrong thing, but you also have to prove that what happened next was the result of that wrong thing and you have to prove that it would not have happened if the wrong thing had not been done. Deciding whether or not this is the case involves both factual and legal issues and is sometimes very hard to do. You really need a lawyer who is highly experienced in medical negligence cases to look at this for you.
I have the same expectations of psych MDs, by the way. the issues may be harder to define, but certainly how much experience in treating a particular area, licensure, malpractice, etc. are legitimate questions. I don't have to know the doc's personal experiences of medical/MH/life issues to determine skills, but a doc should be able to give a carefully reasoned explanation of own skills/limitations. With psychiatry, I always thought it was incumbent upon the doc to have self knowledge sufficient to identify and appropriately refer clients who he/she cannot treat - ie, if you are in the midst of your own messy divorce, don't take on new clients with marital issues, etc. Yes, life is not always this neat and tidy, but isn't that why psych MDs have their own clinical supervision??
Damage: The physical and/or monetary costs to the plaintiff that resulted from negligent acts by the medical provider. An example of damage would be a physician assistant’s failure to diagnose the right medical condition which then caused the patient to become sicker, to spend more money on additional therapy, and to incur lost wages for missing work.
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.)
Investigation: Before a case is even filed with the Connecticut courts, it is essential that an initial investigation of the matter be completed. Our team works with medical experts in the field to determine whether medical negligence was committed by your doctor or any other medical professional. Our lawyers then determine how that negligence caused your injury.
Finally, as part of the discovery process, an injured plaintiff may be required to undergo an independent medical examination to confirm the physical injuries alleged. The law allows the defendant to identify a qualified medical expert and force the injured party to undergo a noninvasive examination. Should this occur, we will again prepare you for the examination.
A personal example - I had a physician try to talk me in to ECT several years ago. I explained that I didn't want to do it, because I didn't want to accept the risks of permanent memory loss. He denied those risks at first. He told me it was cooked up by the scientologists and anti-psychiatry folks and assumed my resistance was due to having seen the movie One Flew Over a Cuckoos Nest (which I had not seen, by the way). I finally got him to concede it was a risk, a risk I wasn't willing to take. I don't care how small the risk is or if the physician thinks it's worth it. They better tell me the truth. He wasn't the one having the procedure and accepting those risks. I was. As long as I am legally competent, the decision is mine. I have real issues about trying to coerce someone into signing an informed consent document by lying. That's unethical. I continue to be glad I didn't do it. It's a very individual decision.
Alfa raises an interesting point about the abstraction of general practitioners into private work and certainly the number of people seeking private health care seems to be on the rise. To some extent this takes the pressure off the NHS and a lot of what private hospitals do would not be available under the NHS, or at least not as elective [or non-immediate or non-emergency] surgery. Nevertheless, they probably have a higher ratio of staff than NHS establishments and give more time to their patients so they ‘consume’ a disproportionate amount of the country’s finite professional medical resources. Concerns have been raised that many doctors and consultants have been trained by the the NHS but are then ‘selling’ their time to private patients or private hospitals.
When you consider the time it takes for your attorney to conduct an initial investigation, gather the facts and early evidence, track down a medical expert, conduct required settlement negotiations and/or go through the medical screening panel or other pre-suit requirements, you can begin to see why most medical malpractice plaintiffs are in a scramble to beat the limitations deadline from the moment they decide to sue. (To find your state's time limit to file a medical malpractice case, see this chart.)