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Medical Malpractice Caps | Medical Malpractice Insurance

I contacted my Gp Friday for appointment a 2 week wait. Call at 8.30 Monday for telephone consultation..called continuously from 8.30 to 9.05 . line busy. over 100 times I tried kept finger on call button theres no way other people got through only 1 line. So got to speak around 9.05 sorry all consultations are gone, try tomorrow. No place to leave comment on website, how convenient. I know NHS is stretched but theres no way that anyone got through the fone line was not busy they had it switched so could finish their coffee . I am raging
According to a study by the Department of Health and Human Service's Agency for Healthcare Research and Quality found that one in ten patients that die within 90 days of a surgery are killed because of a preventable error. When medical malpractice occurs, not only are patients' lives adversely affected, so are their pocket books. According to the Department of Health and Human Service's study:

The hospital may be found liable for negligence if it did not ensure that hospital staff had the required education, ongoing training or licensure. Additionally, it may be liable for not properly checking the backgrounds of other individuals who are not direct employees, such as surgeons or attending physicians, who administer care to patients. If a patient’s condition worsened because he or she had to wait longer because there was not adequate staff, the hospital may be found to be negligent.
Doctor Liability, Damages – In this category of cases the patient can prove that the doctor was negligent, and that negligence was the cause of the patient’s injury.  These are the situations most likely to end favorably for the injured party.  Attorneys are more likely to take cases they believe will be easy to prove.  When attorneys can easily prove physician liability, costs are lower and the client will receive more of the damage award.  In other words, less money will be deducted from the patient’s award.
An average person does not know how to correctly file a report against a doctor who has committed medical malpractice.  Further complicating matters is the fact that each state has its own procedure for filing complaints against physicians.  Generally, you should file the complaint with your state’s medical board.  Each state has its own medical board and its own forms and requirements for filing complaints against doctors.
The United States Government will pay $42 million to the parents of a young child who suffered a permanent brain injury, resulting from improper use of forceps during his delivery.  After a six day trial in Federal Court in Harrisburg, Pennsylvania, the verdict for $42 million was rendered by U.S. District Court Judge Sylvia Rambo.  The parents sued the Federal Government in a malpractice claim involving an Ob/Gyn physician, who was employed at a federal facility.  The lawsuit claimed that the doctor improperly used forceps on the baby’s head during the delivery, which caused skull fractures and bleeding on the brain that resulted in permanent brain damage.  Evidence presented during trial showed that the now five year old boy cannot speak, read or write and eventually will require a motorized wheelchair to get around.
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.
Medical malpractice cases must be brought soon after the injury. In most states, you must bring a medical malpractice claim fairly quickly -- often between six months and two years, depending on the state. (The time period in which you must bring the lawsuit is called the "statute of limitations.") If you don't file the lawsuit within the specified period of time, the court will dismiss the case regardless of the facts.
Most medical procedures or treatments involve some risk. It is the doctor's responsibility to give the patient information about a particular treatment or procedure so the patient can decide whether to undergo the treatment, procedure, or test. This process of providing essential information to the patient and getting the patient's agreement to a certain medical procedure or treatment is called informed consent.
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.
The United States Government will pay $42 million to the parents of a young child who suffered a permanent brain injury, resulting from improper use of forceps during his delivery.  After a six day trial in Federal Court in Harrisburg, Pennsylvania, the verdict for $42 million was rendered by U.S. District Court Judge Sylvia Rambo.  The parents sued the Federal Government in a malpractice claim involving an Ob/Gyn physician, who was employed at a federal facility.  The lawsuit claimed that the doctor improperly used forceps on the baby’s head during the delivery, which caused skull fractures and bleeding on the brain that resulted in permanent brain damage.  Evidence presented during trial showed that the now five year old boy cannot speak, read or write and eventually will require a motorized wheelchair to get around.

If someone is an employee of a hospital, the hospital is typically responsible (liable) if that employee hurts a patient by acting incompetently. In other words, if the employee is negligent (is not reasonably cautious when treating or dealing with a patient), the hospital will usually be on the hook for any resulting injuries to the patient. (Keep in mind that not every mistake or unfortunate event that happens in a hospital rises to the level of negligence. To learn more about what constitutes medical malpractice, read Nolo's article Medical Malpractice Basics. )


Interesting comments. My heart goes out to the doctors caught in the middle,as well as patients discovering to their chagrin the diiference between dependence and addiction. I have been treating addictions for over 20 years in both urban and rural areas in the northeast part of the U.S. I have found addiction does not discriminate but society still does, particularly by marginalizing and stigmatizing much in the same manner as we did for cancer years ago and HIV/mental illness more recently.

DJ I understand where you are coming from, and I also understand those that dont agree with you. I have 3 bulging disc/ degenerative disc disease. Until the age of 30 I never touched an opiate or abused anything for that matter. My injury stemmed for a high school sports injury, but I dealt with the pain by eating right, exercising and took a Tylenol when needed. At the age of 30 the pain started getting much worse I because my job and the businesses I owned demanded me to work long hours and were physically demanding. So when I just couldnt take it any longer I went to the doctor who prescribed me percocets for about 3 or 4 months and then referred me to pain mgmt. I really liked the doctor, he was kind, compassionate, empathetic, smart and unrelated he was interested in me as a person, he actually visited a few of my businesses, we didn’t hang out or anything but I thought of him as a friend in a way but understood we weren’t. So now that you understand this I want to make it very clear I never tried to take advantage of that, not once did I ever ask for a certain medication. I just felt blessed that I had a doctor that actually cared for my well being and that I was not just a jane doe diagnosed and treated by the statistics. He started me off with oxy and injections. The injections were not working so long story short we tried a wide variety of meds, most either didn’t work for me or I had an adverse reaction to. Finally after a few years I was put on opana and oxy and it worked. The problem was his practice got busy and so did he. The result was he was still nice but he did all the talking and it was mostly like”its been a couple months on this dose your tolerance has increased so let’s up your dosage”, until I was at 30mg opana 2x day and 30mg oxy 3x day. Things were fine for awhile but the drugs start to change my temperament. My work started to suffer, my relationships also were becoming strained, because my whole life revolved around my medications, yes I was pain free but at what cost? So here lies the the million dollar question. Who’s fault is it? Mine for wanting to be pain free and trusting that my doctor giving more and more was in my best interest, yes in a way it is my fault for being nieve to the fact I was going to beable to pop these powerful drugs for the rest of my life. So the government decides to crack down and me on this insane amount of opiates and doc takes meds away, what a sick cruel joke on me. So now knowing what I know, my doctor put me on opana because of kickbacks and kept increasing dosage because of $ and I know this because a majority of his patients are in the same boat, they topped out and all is fine till the government cracked down and doc got scared, reduced or dropped patient and we all are so surprised why the US is now flooded with heroin addicts. So my opinion is the doctors that were prescribing ridiculously large amounts to fatten there pockets, even if they weren’t doing for the kickbacks, and used tolerance or whatever, we trusted that they would have been smart enough to see what was happening in this country and when the government once again passed legislation without thinking about the result of there actions, these doctors would have a game plan, but no they all held up there hands and want to blame it on anybody but themselves. Shame on you doctor’s that liked playing the game while you were winning but quit and ran home crying when the rules of the game changed, that is why I hold you doctors responsible, and I do feel bad for the good ones that get fucked in the process, but didn’t us patients with real pain get fucked by doctor shoppers? Stand up for yourselves, get oganized and counter sued the government for passing legislation(unrealistic restrictions without making sure these poor people have a realistic way to get off theses doses safely, at no cost. Isn’t funny how these pill pushing doctor’s do a 180 because the big money can’t be made by having their patients hooked on powerful opiates so they jump ship accusing them off being addicts dropping them and putting them on suboxane which is not a pain medication and wonder why they have no choice but to become heroin addicts. I blame the doctors for turning us into pill addicts but I blame the government for turning us into heroin addicts. In the end tne patient loses because whoever is at fault the patient will suffer
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.
At my GP surgery I’m pretty sure half the battle is wether the receptionist thinks your exaggerating ! A few months back I caught flu from my daughter, after a week the fever, headache and severe cough hadn’t subsided. I have asthma so knew it was a good idea to call to be sure I didn’t have a chest infection. I managed to be granted a telephone consultation with the nurse who oodly prescribed a nose spray thinking the head pain was actually my sinus’s (never had sinus issues) a week on no change but the cough was horrific with all sorts coming up. Called again got a telephone consultation with GP, he prescribed a low dose of antibiotic an said it’s most likely viral. 1 week on after feeling slight relief I started feeling extreemly wheezy with not much change to the cough. The 2nd day I called I demanded to see someone as I couldn’t see how my chest could be Assesed over the phone. Then I got an appointment with the nurse at the minor ailments clinic(minor difficulty breathing) I was straight away placed on a nebulizer, my sats were low and nurse said I had pneumonia. A month later still not feeling quite right my asthma meds were increased. 1 month on again another course of steroids and then they agreed I probably should have an xray. 5 hrs late they call saying I need a ct scan but will have to be in a waiting list. All this caused me severe anxiety and when I saw a dr and broke down he literally made me feel a complete waste of time. Since I’ve felt awful but am too embarrassed to go back so have to hope this is all just anxiety. As soon as my referals through I’ll be leaving that surgery as I have zero confidence in them

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.


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.
Many states require patients to jump through a few hoops before filing medical malpractice lawsuits. These requirements vary by state. A patient might have to file an affidavit of merit in which a qualified medical expert attests that the plaintiff has a valid case. A patient also might have to submit a claim to a medical review board before filing in court, or agree to some form of alternative dispute resolution (ADR).
Deon Irish, an advocate who specialises in medical malpractice and a guest speaker at the annual Hospital Association of South Africa Conference in September 2015, said factors that contributed to higher awards included the longer lifespans of patients, improved technology and a broader range of allied health professional skills designed to improve the quality of life of impaired patients.

Five days later, Della Casa, an author and dating coach in Chicago, was traveling and had pains so severe she could barely move. When she received a voicemail from her doctor saying she had “misread her results” and needed to be treated immediately for a kidney infection, she was furious. “I decided then and there I would never see her again,” Della Casa tells WebMD.
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.
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.
Currently, most states have legal precedents that establish an informed consent standard. For instance, in Cobbs v. Grant, 8 Cal.3d 229, 104 Cal. Rptr. 505, 502 P.2d 1 (1972), the California Supreme Court first introduced the premise as “a duty of reasonable disclosure of the available choices with respect to proposed therapy and of the dangers inherently and potentially involved in each.” The Court further defined the physician’s duty in Truman v. Thomas, 27 Cal.3d 285, 611 P.2d 902 (1980), by stating that doctors must also inform patients of all material risks a reasonable person would want to know if deciding not to undergo a treatment or procedure. In other words, if certain information would be relevant to a patient’s understanding of and course of action in regards to a current condition, treatment or procedure, the doctor must share that data with the patient—to not do so would be considered lying as well as illegal.
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