There are two steps to complaining. The first is to makes a complaint to the NHS hospital trust or Primary Care Practice where the treatment was received, under their own complaints procedure (which they will provide on request). If you are unsatisfied with the response you receive, you can then move to the second stage, which is to refer the matter to the Parliamentary and Health Service Ombudsman.
I am 7 1/2 months pregnant and was put on methadone about 2 1/2 months ago at the hospital. Then my old doctor started prescribing me my methadone. I had to go back to the hospital last week and they gave me meds while there. Now my doctor is dropping me as a patient because I got meds from the hospspital. At this point, I have no one to prescribe my meds because I get afford the hospital clinic anymore. If I don't have them I was told that there is 50% chance my baby will die. And now my OBGYN says that if I don't get my meth they will drop me as a patient and I will have no one to care for me.
In view of Daubert and Kuhmo, the pre trial preparation of expert witnesses is critical. 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.
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You must show that you had a physician-patient relationship with the doctor you are suing. Basically what this means is that you hired the doctor and the doctor agreed to be hired. So if you were harmed while following the advice of a doctor you overheard talking at a bar, you do not have a malpractice claim. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed. Questions of whether or not the relationship exists most frequently arise where a consulting physician did not treat you directly.
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.
Previously, a New York appeals court had also ruled that a couple was allowed to sue a fertility clinic for emotional distress after the clinic implanted the female plaintiff’s embryo in another woman, and although neither of the plaintiffs suffered physical injuries, the appeals court ruled that the couple had suffered substantial emotional injury due to the defendants’ breach of their duty of care.
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).
You withheld information from the doctor or gave misleading information to the doctor which might have aided or hindered the doctor’s ability to diagnose the problem. For example, if you tell the doctor that you don’t smoke even though you do, than the doctor may not be able to properly diagnose that you have developed lung cancer or other respiratory illnesses.
Most people are able to get to at least second base with a failure to warn claim. Fewer are able to prove that the doctor simply did not talk to them about that particular risk, although there are cases where a patient’s word has been accepted over a doctor’s insistence that a warning was given. Getting copies of the doctor’s medical notes can help with this element.
Your attorney should also disclose “bad facts” in the opening statement. 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.
Expert witnesses, copies of medical records, deposition and witness fees, medical exams -- all of these things cost money. And if you lose your case, you could very well be on the hook for thousands or tens of thousands of dollars in expenses - depending on your legal fee agreement. Is your case important enough to you that you feel the potential financial benefit outweighs the risk?
i was a client of mind springs mental health in colorado for many years and dr. richard berkley has decided to just drop me as a client without bothering to inform me or to properly detox me from schedule 2 medications i have been on for years- he also decided to cut memory enhancing and sleep apnea medications in half without informing me of the changes and i had used the medication as i had always done then i had to suffer detox symptoms for that medication- now i face detox from adderall, valium and provigil in just days as i will be out of these medications. i am certain that this could be considered attempted manslaughter as he is aware that just stopping these medications cold turkey that death is a very real possibility. i warn people of using doctor richard berkley as a precriber because his ethics are slim to none when it comes to informing patients he is going to make med changes or drop them without properly bringing them off these kinds of medications...karin wrape, former client of mind springs mental health-oh and they also scheduled me for an appointment at an office in a city i have never been to... talk about incompetence!
The vast majority of cases will ultimately hinge on which medical expert the jury decides to believe. It is true that as the case develops and the experts are deposed, your attorney may have more of an educated guess about how things might go in court, but there will never be certainty. Medical facts are too complex and the influences on jurors too unpredictable.