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Medical Malpractice Deposition | Medical Malpractice El Paso

This was what is known as a Federal Tort Claims Act (FTCA) case.  The FTCA is a federal statute that allows private parties to sue the United States in Federal Court for torts committed by persons acting on behalf of the Government.  For example, if a doctor or nurse employed by a Veterans Administration hospital or a hospital on a military base commits malpractice, the patient would need to bring a medical malpractice claim under the FTCA.  Other examples of potential negligence claims against the Government include someone injured in an auto accident involving a Government owned vehicle, and someone injured due to a fall caused by negligent maintenance in a post office or other Government-owned facility.
Cancer survivor and seven-time Tour de France winner Lance Armstrong switched oncologists because he wasn't comfortable with the language the first doctor used to describe his treatment ("I'm going to hit you with chemo... kill you and then bring you back to life."), Gary M. Reisfield, MD, and George R. WilsonIII, MD,of the University of Florida Health Science Center wrote in the Journal of Clinical Oncology in 2004. Armstrong found another oncologist whose approach better suited him.
Somewhere between 210,000 and 400,000 Americans die each year due to a medical error (James 2013); it is now the third leading cause of death in the United States (Makary 2016). Many more sustain injuries that leave them with lifelong disabilities. Moreover, a recent national survey revealed that 21% of Americans have personally experienced a medical error, and 31% have been involved in the care of a family member or friend who did. As discussed above, tort reform measures may be effective in limiting the number and success of malpractice lawsuits, but don’t necessarily address the underlying issue of the malpractice epidemic in America.

i have tried to get a GP appointment for the last week and again this morning. I have a problem with my eye which has been on going for over a month. I have done what we are advised to do speak to a pharmacist, been to an optician, tried several over the counter products recommended by pharmacist, now have been advised to seek treatment from Gp. How can i when i cant get an appointment. I am so worried in case it is something serious, i cant keep using antibiotic eyedrops to ease the problem as pharmacist says only to use them for 5days!!! What do i do now????
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.

Filing a complaint against a doctor with your state’s medical board is usually the first step in bringing disciplinary action against a doctor. Although the particulars vary by state, when the board receives complaints against doctors, it enters them into a system. The board then reviews complaints or refers them to another agency if needed. The medical board may ask to see medical records. If you complain about a doctor, the medical board will not disclose your identity.
Courts have also held that medical malpractice cases by active duty service members for their own injuries while not on leave are barred by Feres. The Fifth Circuit Court of Appeals has held that a service-member that was injured in a Naval Hospital was barred by Feres for his own injuries because he was admitted to the hospital due to his status. Generally, courts will find that the Feres Doctrine will bar your suit if you are an active-duty service member suing for your own injuries arising out of medical malpractice.
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.

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.
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.
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.
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.
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.
Things have changed. I can remember when doctors were revered by their patients, in those days doctors did their best and patients hoped it would be enough. The word MAL-PRACTICE was almost unheard of. Now its on the mind of every single doctor in this country, every single day, along with the cost of skyrocketing insurance. The way the public views and treats doctors has changed and the way doctors view their patients is changing right along with it. Almost nobody picks up hitchhikers anymore, nobody is willing to risk martyring themselves just to play the good Samaritan in a world that will view them as stupid, and deserving of what they got if they pick up the wrong person.
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If you have been injured by someone acting on behalf of the Federal Government, you may be able to sue the Government under the FTCA.    Because suing the United States Government under the FTCA is trickier than suing a private entity or private citizen, you should retain an attorney who is experienced in handling these complex cases.  The FTCA attorneys at Suthers Law Firm have successfully represented individuals in medical malpractice and personal injury cases against the Government, and have the requisite experience and resources to take on the Government.  If you or a loved one has been injured at the hands of the Government, contact Suthers Law Firm for a free consultation.
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.
Remember that a complaint does not initiate a law suit.  If you wish to take legal action against your doctor, you should consult with a medical malpractice attorney who can evaluate your situation and provide legal advice.  If you feel that your doctor’s actions rose to the level of criminal behavior, contact the district attorney in the jurisdiction where your physician practices. 
* Fee-for-service model. Taking a malpractice case to court could cost over R200 000 due to the high fees advocates and attorneys charge. A decision on costs will be made by the court and will depend on the merits of the case. However, even if the case is successful, the awarded compensation might be less than the legal costs, and if the case is unsuccessful, you might have to pay your legal fees, as well as the those of your doctor.
This may not be the case if you are suing for another’s injuries. For example, we often take and are successful in taking injuries due to medical negligence at birth or delivery of a baby. Many times, the mother, father, or both are active duty. Our active duty moms and dads sue for injuries that arise out of the baby’s original injury. For example, in many cases, the medical negligence on the baby will cause loss of consortium, incur attendant costs of care, and other damages. These types of cases are not barred by the Feres doctrine. If you have a case like this, contact us so that we can analyze the specific facts of the case and give you a better idea whether you may bring suit on behalf of your child for obstetrical or other negligence arising out of the labor and deliver.

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 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.
A steady uptick in medical malpractice cases can be attributed, in part at least, to the decline of religious fatalism. It was a pervasive belief that misfortune and injury were acts of God, meant to be construed as punishment for moral and religious transgressions. Overturning this belief may be considered a far-off ripple effect of The Enlightenment, a historical ‘moment' at which prominent European thinkers began to reject the notion that everything was determined by the will of an omnipotent God. As philosophers and scientists alike began to promulgate the idea that willful human action was the true determinant of fortune and misfortune, a fringe effect was the rise of medical malpractice litigation, a century or so later. As people began to accept that injury and misfortune could be attributed to human error and not God's will, they began to assert an entitlement to recompense if they suffered as a result of human error. This was a brick in the foundation of medical malpractice litigation.
The low point for the Australian medical insurance industry was in 1999 and 2000, with exponential increases in medical insurance premiums and the collapse of the HIH Insurance Group in March 2001. Since then, Australia has introduced a series of reforms, including the capping of compensation awards and dispute-resolution procedures that stipulate mediation or arbitration as the first step.

Andrew W. Norfleet, Esquire Helping disabled individuals throughout Pennsylvania. awn@norlaflaw.com www.norlaflaw.com DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania and is personal in nature, not professional in nature. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality
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.

Many states limit the amount a plaintiff can recover in a medical malpractice lawsuit. For example, subjective damages like “pain and suffering” might be capped at $250,000. In a state with that kind of cap, you wouldn’t be able to recover more than $250,000 plus any medical expenses, lost wages and other “concrete” damages caused by the malpractice.
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