First, why did the jury award millions? I’m an older guy, so I have elder friends and acquaintances. One of them is in a wheelchair. Why? Because he has diabetes and be losing the fight to save his right leg. His moved out leg was healthy. He go to the hospital for surgery AND THE STUPID FUC*ING DOCTOR CUT OFF HIS LEFT LEG. After he woke up, and complained, the hospital tried to get a court order to put a gag directive on him so he couldn’t go to the media and bellow about the mistake. Then, the hospital charged him full price for the operation and post-operative care EVEN THO’ THEY CUT OFF THE WRONG LEG. As soon as he recovered, they took him put a bet on in the hospital, cut off the right leg, AND CHARGED HIM FULL PRICE FOR THAT OPERATION AND POST-OPERATIVE CARE.
HE SUED THEIR ASSES OFF AND WON! ANYONE WANT TO DISAGREE THAT HE SHOULD HAVE GOTTEN OVER A MILLION DOLLARS FROM THOSE STUPID FU*KS?
He’s not his malpractice insurance goes up and he charges more money.
We don’t Socialize anything.
Socialism/Communism is like toothpaste once it is out of the tube you can’t put it spinal column.
You don’t get to vote to repeal Socialism/Communism it if it doesn’t workout!
Most likely you will own to fight a war to repeal Socialism/Communism it if it doesn’t workout!
If Democracy is so desperate why are Socialist/Communist constantly striving to come here?
THE DOCTOR SHOULD HAVE BEEN SPOTTED, REPORTED, JUDGED, BANNED FROM PRACTICING MEDICINE & THE WHOLE THING PREVENTED.
ALSO, IT WOULD LOWER MALPRACTICE INSURANCE RATES LIKE FALLING ROCKS.
Considering the doctor is in private practice it comes out of his or his insurance company’s pockets…
They aren’t taking over the medical industry. Doctors aren’t going to be employees of the federal parliament with the newly proposed plan.
scaer, lower than that logic capitalism is socialism…
Publishing a list of doctors losing malpractice cases allows folks to choose better doctors.
The cost is ‘socialized’ due to it’s mortal paid by consumers who receive medical care from said hospital. The doctor is punished vis a incline in his malpractice insurrance.
Only physicians, RNs, and other trained medical professionals should sit on juries which hear malpractice suits. The average layperson (myself included) does not have the expertise needed to truly grasp the intricacies involved, and I don’t want to see a physician’s good name (not to mention his sandbank account) ruined because Joe Blow wants something for nothing and be able to find an attorney who was competent to convince 12 clueless people how the big bad doctor ruined his natural life.
About how much does medical malpractice insurance cost an internal pills physician?
OK, is this a first year guy, or do you have to pick up retroactive coverage for prior years? Are there any hospital privleges? And are we conversation full time? Any surgical procedures done in office (that includes digging out splinters!)?
Sorry, not plenty information.
It’s cheapest your first year in practice, because you’re only covering ONE year of claims. Every year you practice, you increase the time time of year to receive claims, and it goes up substantially.
Obviously, location matters. Source(s): agent, 21+ years, sold lots of med mal policies
After a medical malpractice lawsuit, approximately what percentage of the settlement/verdict is mine to hang on to?
I know this is a hard question to answer, but any ballpark estimates? 20%? 50%?
If it make any difference, the court proceedings will take place in MI, and within MI is where the malpractice occurred. The lawsuit is related to me one given wrongful, unapproved chemotherapy treatments in relation to my brain cancer, as well as a few other things when I be an infant.
Also, are these lawsuits paid out in a lump sum or contained by payments? Does it vary case to shield?
I’m finally eighteen and have a copy of my medical record, so I’m pretty excited in the order of finally being able to pursue this. Thanks for any info you enjoy!!
A lot depends on your advocate. Most take 40% off the top disappearing you with the other 60% and any court costs that may accrue.
Well it depends on what the contract with your attorney states (if you don’t hold one get one or he may take more than he deserves). Traditionally they will purloin 33.3% to 25% if its not a set fee (that’s why I suggest a contract with the lawyer).
You need to clarify that with your lawyer. Some take 33% others up to 50%, but if you are paying your lawyer out of your own pocket and he doesn’t hold it on a contingency, which means he gets a percentage one and only if he wins, and eats it if he doesn’t, consequently his fee is paid by you and he shouldn’t take any more.
Usually this kind of case is done on contingency and that’s when the percentage comes out of the settlement. As does the distribution of the settlement. You aren’t going to resembling what I say now, but listen to it anyway…at eighteen run the money in payments. You may in the adjectives need more care or treatments relatebeside yourselfhe cause of the suit.
When you are eighteen things can be seen as more significant than the far distant future. One other thing, condition insurance may be difficult for you to get, and you will need that money for that and other things. At eighteen its knotty to see this as anything other than some nice new things as a sort of payments for anything difficulties you have.
They all depends on what you’ve worked out next to your lawyers.
After the statue of limitations run out for medical malpractice is in that anything else the target can do?
legally to make the dr/doctors involved run resposibility for the damage that they caused? I have eye surgery at Kaiser and I look like a freak my eye is 97% red all of the time and it looks close to a ball of jelly. The surger was to straighten a crooked eye that I be born with it’s technically called strabismis, my eye is still crooked but presently instead of it going toward the left it’s crooked towards the right. Then day after the surgery my eye be infected. I went back the surgeon said that it be normal and just therapeutic well I wasn’t in a conventional amount of pain so I got a second belief & that doctor said something 2 the fact that it’s 2 soon 2 tell because she couldn’t see ancient the scaring tissue. I sought the advise of an attorney within SF he asked me 2 send pictures and a copy of my medical records,I did. He sent me a memo saying that he wouldn’t take my defence (no time) he advised me about the SOL & told me 2 keep hold of looking for an attorny. The SOL passed, is there anything that I can do?
Contact your state attorney generals department and ask them for your state. they can send you in the right direction.
Get an attorney right away. Sometimes, the statute of limitations can be “tolled” – especially in med mal cases – until the victim if truth be told discovers the negligence. You need to consult an attorney in the state where on earth this happened. I wouldn’t waste any time. If your first attorney is right, you may already be out of luck.
You can file an officeholder complaint with your state’s licensing board. You can database complaints with the Chamber of Commerce and Better Business Bureau. You can also formally complain to the Hospital/Clinic where the physician is employed. You will not carry any money.
Am I competent to record a medical malpractice lawsuit?
My left testicular is dead due to testicular torsion. It have affected my mood and completely screwed me up, and I’m very feasible infertile.
Here’s the story;
I have been to several doctors every since the age of 8 or so, because of an inflated testicle, not one of these doctors really ever diagnosed it, or treated it.
Two of them said “it could be testicular torsion”, but did not treat it, at adjectives. Just gave me some pain killer and sent me back home, with my testicle twice the size it should be and surrounded by severe pain.
I’m wondering if it’s too late to profile a lawsuit, the last time I went to a doctor in the region of the (live) testicle was about 4 years ago, when it grew surrounded by size again (fifth time I believe), and he basically touched it and whatnot then said entry like “it could be this, it could be that”, specifically stating that it could be testicular torsion.
He told me to wear whitey tidies and I’ll be fine.
Now I’ve heard that the contain is 2 years since the malpractice was done OR two years since the victim become aware of the malpractice.
Well, my testicle has been departed for about 3 years now, administer or take, but being a credulous kid (I’m 18 by the way) I could have never imagined it could be the doctors fault. So would this be the point at which I own become aware, starting the 2 years I have to file a lawsuit against these abundant doctors? Or do I not have a chance surrounded by hell to do anything about this?…
Some addition details, concluding time I went to the doctor about the late testicle, he told me to go to a doctor who specializes in this, so I did, THAT doctor said that I could simply be off the testicle in place, unless it became annoying (it be perfectly safe), but I recently found out that have a dead testicle can cause some nice of disease, I forgot which (looking for it right now) and that it needs to be removed. And now I own some attached “thing” to my last testicle.
Alllrighty then that’s plenty typing, do I have any chance to profile a lawsuit?
Any potential lawsuit against any doctor or facility requires the direction of a lawyer. The question really isn’t do you own a lawsuit, but do you have one that will win.
Personally, unless you acquired a decease and roughly to die, I would say no to you answer. Remember, this is just Joe Public answering you, not a practicing attorney.
Find a advocate that gives free advice and see what he/she say.
You can try if you want. Your case does not nouns like testicular torsion. Source(s): Emergency medicine physician
You can file anything you want. Your chances of nouns, however, are difficult to estimate. Especially because you didn’t mention what the various doctors did wrong. You would have to prove that any adequate physician, confronted with your symptoms, would have acted surrounded by some other specific way and if they had done so you would own been cured and not damaged. Nothing contained by your question indicates that the diagnosis was in no doubt or the appropriate treatment. BTW, if the doctors prove you did not follow their advice, in any mode, then you lose.
Any frustrated medical doctors about malpractice insurance?
Hi, I am from Canada and I will be attending medschool in Iowa. I am a little worried give or take a few malpractice insurance cost. I was reading that in Florida, average premiums are $195,000, while the average take-home pay is $270,000 for OBGYN. Does that mean Doctors only thieve home ~$70,000? This is all after countless sacrifices and 14 years of studying after highschool.
I am not a doctor but I work beside doctors in a hospital and I never heard of any premiums costing that much. The hospital where on earth I work pays and covers all malpractice insurance for its employees. doc’s tend to take some extra on thier own but the costs are not that high. I dated a Doctor once for a short time nearly 5 years ago who was a ER doctor, and he brought home a little over $200,00. I ruminate you should research that more before you get discourged over something you read. Talk to the college guidence counsler or even ask your own doc.
Any Medical Malpractice Attorneys out within? What do you judge roughly this?
A 19 Year Old Boy goes to the Doctor with a Cough and Chest Congestion he’s Diagnosed next to Bronchitis, given Steroid ihnaler and Antibiotic Prescriptions. 2 Days later he is have some Abdominal Pain, Vomiting and Diarreaha. He is next given a Cat Scan and Diagnosed with a Swollen Bladder, it was putting pressure on his Bowels and intestines. he is given a Cathiter and kept overnight. he is admit at around 8:30 P.M at around 10 P.m he is given a Morhine Drip for pain he has an allergic counterattack so he is given 2 Doses of Narcan his heart rate goes to 200 BPM he is given another grug to slow his heart it slows to 45 BPM at 4:07 A.M he dies of an Enlarged Heart. No Chest X-Rays were done until after his heart rate jump so high, only afterwards did they see the Enlarged Heart. This young man Graduated from High School 2 Years Ago. And played Football and Wrestling all 4 Years. He did start smoking Cigarettes and Marijuana After High School. That is it surrounded by a NutShell, What do you think?
I’m sorry for your loss. Unfortunately, your friends symptoms be not the symptoms of an enlarged heart, and like your friend … many culture have none of the symptoms at all past their sudden death.
This site explains enlarged hearts within teenangers in a very lucid way.
Unless the doctors had a thorough background on his chest trouble an allergy risks, they did what they could beside the available data, and I don’t think it’s actionable. An enlarged heart is a special pathology at that age and if it was not dete’cted during his sports career, how do you expect emergency doctors to suspect that?
Ambulance chasing is an evil leisure pursuit that makes prosecuting REAL malpractice all the harder, and drives medical insurance through the roof, thus making aid even less affordable for the less affluent.
This is a exceptionally sad story. I am so sorry for your loss. I would like to speak there is likely seriously more to this story than meets the eye. I would suggest you or the family start beside the hospital administrator. Things have changed and hospitals are a lot more interested if and when they make mistakes these days. Young forceful males don’t just die from “enlarged hearts” however and from the story above it doesn’t look like nearby was negligence. If the hospital won’t cooperate, then be in motion the attorney route. Bear in mind though, they keep most of doesn`t matter what monies are collected in a settlement so please avoid those who advertise heavily.or wish you out. If any answer you here looking to help you, esp for free….AVOID them. Good luck….I hope you get some peace from adjectives of this.
I don’t think it be malpractice except for the allergy. But he was probably asked if he knew of any allergies but test should have been done. YOu could at lowest possible get a case but I’m not sure if you could win. I’m not aphorism there isn’t a good randomness but its like a 50-50 chance.
Medical Malpratice cases are dificult and expensive to prosecute; therefore one issue is potential damages. In some states, the potentional damages for a infantile peron, unemployed, who isnt the support for anyone, is quite low.
As to the liabilty issue one would hold to look at the autopsy and evaluate the cause of death. Was the contition cause by the treatment ofr pre-existing? Did he have a secondary desease of problem that lead to the admission? Did the doctors depart from good and standard treatment? Yes one can find and expert willing to testify as to virtually anything but, givem the case, one would want a luggage of more clear liability, which cannot be evaluated with a complete review of the records. Source(s): I own both defendant and prosecuted such cases.
I think your a fine democrat LOL
Any recommendations for a virtuous medical malpractice attorney around the hutchinson wichita ks nouns?
my 17 year old daughter was supposed to be sour her blood thinners by no later then may 2007, according to the doctors. but due to a doctors mess up she finished up with a punctured lung and will be on blood thinners the rest of her life. Who going to take-home pay for all the blood work, all the medicine and all the doctor bills for the rest of her life?
your county railing assn. is a good place to start
Any recomendations for a perfect medical malpractice attorney around the hutchinsonwichita ks nouns?
my 17 year old daughter was supposed to be sour her blood thinners by no later then may 2007, according to the doctors. but due to a doctors mess up she completed up with a punctured lung and will be on blood thinners the rest of her life. Who going to rate for all the blood work, all the medicine and all the doctor bills for the rest of her life?
No model but I wish you very upright luck from the heart.
Anyone familiarized near medical malpractice?
I recently underwent a surgery that be scheduled a laproscopy with removal of adhesion and an appendectomy. The surgeon opened my belly part passageway into the surgery to gain better access. When i woke, i was having significant cramp. I asked what had happened near my appendix and was told by a couple of nurses,”it was fine” and after by the surgeon that it looked fine so she didn’t take it out. I was exceedingly confused as the pre-operative plan was to remove the appendix no matter what. i be kept overnight and by the next day i started to enjoy a great deal of swelling on the right side of my lower belly. i showed several nurses as well as the Dr. who be covering that day and they all told me it be “fine”, “normal from the gas used in laproscopic surgery” although it be only on one side. By the next daylight my original surgeon finally came to see me and i told her I be having extreme pain and I be very concerned about the swelling on the right side contained by my belly. She took one look and said,”uh-oh” and sent me down immediately to cat scan. when I returned to my room she came support in and said she wanted to be honest near me. She said ” I didn’t perform the appendectomy not because it looked fine, I really didn’t even look at it. I didn’t perform the appendectomy because I forgot.” She go on to say the nurse hadn’t written appendectomy down on some board in the or but, she took full responsibility for forgetting as she know that she that was the second part of my surgery. She go on to tell me that the bulge on the right side of my belly was because the internal incision have completely opened and the bulge was my guts and we have to go back to the or asap. So she re-opened my belly, removed my appendix and closed my belly properly. After this surgery she said,”it be really strange. It wasn’t as if the stitches ripped, they were just totally undo like i hadn’t tied them off properly.” ! I next spent 5 more days in the hospital recovering. The pathology eventually came support on my appendix, and I had acute appendicitis!! I am angry, still in anguish and feeling quite adjectives. Is this something that is fair to pursue properly? I am not a litigious person, I wouldn’t sue for an ordinary problem. But, this surgeons mistakes move about WAY beyond what I would consider reasonable.
Anyone with a endorsed background, especially with wisdom of medical malpractice, I would really appreciate any insight you could give me. Thanks
Well I don’t have either types of experience you are asking for but I am a nurse. I find it unyielding to believe she admitted to such gross negligence but you are lucky she did. I would say you may enjoy a legal case against her. Be forewarned it is extremely difficult to win a medical malpractice lawsuit. As I enjoy said before I have spent my entire developed life around doctors and I have see the worst of them immune to malpractice lawsuits. If you are going to pursue this get an excellent attorney that works on contingency or you will be out a lot of money.
i enjoy a hard time believing this because no doctor is going to set thereself up for malpractice. If she forgot she would have lied and told you something else happen.
You have a satchel. Get a good malpractice firm. Source(s): 20+ years practicing law
When I be in college, I had a opportunity typing up malpractice investigation reports. Of course, I’m no lawyer, but I wanted to share what little I do know going on for this.
What I do know is that if you send a letter to your doctor and the hospital expressing dissatisfaction next to the treatment, they MUST forward it to their insurance carrier. The insurance company will then start off an investigation.
I’m frankly surprised that a doctor would flat-out admit to screwing up approaching that. And, since it’s not in writing, she may well deny it when the time comes. But, believe me, I saw those sue for much less than this. Most likely the insurance company will donate you a settlement. They don’t want this to come to trial.
Anyone know of malpractice by medical professionals using some high-tech medical/clinical device?
that allows them to victimize innocent people by incurring pains on various section of the body with the intention of trying to control the victim
* Unlike adjectives other consumer goods where the buyer is the chooser, surrounded by medicines, the patient buys them, but the choice is made by his doctor, and an erring doctor can be a big liability. The doctor take fabulous prizes from the pharmaceutical companies.
* One cardiac surgeon has implanted a stent in a heart merciful. The doctor received the cost of the stent and his fees for percutaneous procedure. After a few years, the patient suffered a heart attack. X-ray taken subsequently showed that there is no stent contained by any of his coronary arteries. (The affected party have raised this issue in Yahoo! Answers). Conclusion: The doctor have not implanted the stent but collected it’s cost and his fees)
* There are instances where the doctor collects high cost for foreign stent and implant low cost stents.
* The organs illegally harvested from poor illiterate patients are sold to rich foreign recipient. (Eg. Kidney transplant)
* The drug developed in advanced countries are tested on the illiterate patients of developing countries and the doctors get huge commission and the patients are falling a prey to iatrogenesis (doctor inflicted illness). The drug can not be tested surrounded by the advanced countries due to stringent rules. (Eg. Cancer drugs) Source(s): http://en.wikipedia.org/wiki/Medical_ethâ€¦
Are Conservatives miraculously never the victims of medical malpractice?
Are liberals miraculously always the victims of medical malpractice ?
Or, more probable, are liberals just out for another easy payday ?
Perhaps liberals are more likely to justify suing someone for an unreasonable amount where on earth as a conservative would likely settle for a reasonable amount.
My situation isn’t specifically malpractice related, but it is lawsuit relatein seventh heavenwas hurt by someone elses animal that got out of his wall. I could have sued for a lot of money. Instead I simply presented them with my medical bills and the amount of money I lost from being out of work. They wrote me a check and that settled that. Perhaps a liberal would own figured this person next to all the property deserved to have someone “stick it to them.”
Or if you are asking why conservatives want tort reorganize, tort reform would still allow you to sue for malpractice. It would just own some preventative measures to keep people from padding frivolous lawsuits so the lawyer would not take the suitcase unless it had merit.
Only slightly politically biased, I see! Source(s): Just my opinion
No we dont go to affirmative action qualified doctors. We walk to the doctors that actually earned the right to move about to medical school. On a cheerier note once obama contemplation passes, you will be forbidden from suing the govt over wrongs that happened to you. allow me to illustrate:
Scenario #1 You move about to your doctor and he says you have cancer. Your insurance company say they wont pay for your treatment. You sue them and win millions.
Scenario #2 You go to your doctor and he say you have cancer. YOu send the 94 page into the obama care people. You hang about 3 months. They decide that you are too old for the treatment to be cost effectual. They tell you “sorry bout that”. You resend your paperwork in asking for a review to the exact same those that turned you down. 5 months later they send you a memorandum back saying “we already told you no”.
You enjoy exhausted your avenues to get treatment from obamacare. The bill specifically states you are unable to sue them. Now of late please go away and die. Hell you are already 63 and retired! You dont represent an asset to BHO.
Barak Hussein obama
Mmmmm Mmmm Mmmmm
Theyare generally healthier.
They commonly know the difference from actual malpractice, which is extremely rare, and frivolity.
When a jury awards benifits to the plantiff, in this bag the patient, the jury can award for damages (actual cost to the patient) and punitive damages (punishing the practitioner)
We need a hat on punitive damages because some patients believe any negative outcome is like successful the lottery.
darling of the religious right conservative republican senator rick santorum, (r-pa), was one such martyr. his wife sued her doctor for malpractice and eventually settled for $724,000.
three days after that announcement appeared in my local paper, senator santorum introduced a bill to the senate to bonnet medical malpractice awards at $250,000.
his message to the voters of pennsylvania?
“i got mine! SCREW you!”
he lost the next see.
We usually don’t run to the doctor like you libs when we get a tummy ache, we tape up, wear copper braclets, and drive on, we’re blue collar guys, we definitely don’t murder our babies like your side does.
By and large, Conservatives adopt responsibility for their own problems, which leads them to listen more carefully when the doctor is explaining their option, and make the decision for themselves fairly than try to figure out what the doctor might be trying to talk them into (even when the doctor isn’t trying to agree them into anything.)
Conservatives also tend to attach definitions to words, and don’t presume that a bad result is irrefutable proof of medical malpractice. Since most Conservatives tend to believe contained by God, they can blame God rather than the nearest doctor.
Conservatives also are able to see the Big Picture. They don’t mind have an ugly scar on their collar after an emergency tracheotomy that saved their lives.
They also live in Reality. When a doctor asks them roughly their medical history, they don’t leave out embarrassing details, and then claim the doctor “should have known.”
I know like mad of professional people. Doctors overall have a hell of plentifully better “batting average” than lawyers do. Ever stop to surmise that in any given lawsuit that goes to a jury, partially of the lawyers are going to lose? Would you still respect an Investment Advisor with a 500 bat average, or would that be malpractice? What if half the buildings an architect designed fell down within five years? How in the order of if half the airline flights wound up in the wrong city?
Basically, the difference is that some of us know the difference between a discouraging result and malpractice. I’m guessing you don’t.
Well Liberals most unquestionably are given the fact that they were even born seem grounds enough to me.
The problem with dignified cost of medical care is the lying, cheating, thieving attorneys who fabricate claims. Ex-senator John Edwards is a worst-case example. He got filthy rich past its sell-by date of doctors, hospitals and insurance companies. He has not produced one useful piece in his professional career.
How do you close to paying 35 million dollars for nothing?
Are Conservatives/Republicans more contained by support of tort rearrange for medical malpractice lawsuits than Liberals/?
Conservative/Republicans just don’t want public health perfectionism for citizens who can’t afford it.
It’s like the mature joke: One lawyer moves into town and he go broke. Two lawyers go into town and they both procure rich!
The only ones the truly win in a class handling lawsuit (which is what leads most people to want Tort reform) are the blood sucking lawyer. You see these hacks on TV trying to get tens or hundreds of thousands of empire together to launch a massive lawsuit against a company and in the end the general public that were legitimately hurt get an insignificantly small factor of the judgment … say a few thousand dollars respectively … whereas millions upon millions go to the lawyers on both sides and are consumed by fees, etc. In the stop the people hurt get virtually nought, a legitimate company or doctor is bankrupted, and the lawyer buy a new vacation house and boat.
So … you didn’t benefit the associates hurt. The company or doctor that may be able to help more ethnic group in the future can no longer back, health care costs shift through the roof (just who do you think pays those hundreds of millions to the lawyers … I assure you it isn’t the company or the insurance company, it’s everyone buying other things they offer), and the lawyer get rich. Everyone (including the population as a whole) loses except the lawyers.
If you could run down these huge (and in many cases frivolous) lawsuits vigour care costs would drop substantially and we probably wouldn’t need to even be discussion about health vigilance reform.
Yes. Democrats have to take keeping of their trial lawyer donors.
Yes, because it’s totally ineffective. Less than 1% of healthcare costs are from lawsuits, but it’s the strawman argument the GOP clings to in order to distract from the authentic problem, which is HMO’s. 30% of healthcare “costs” are actually HMO profits. That’s the real problem. Source(s): http://www.pnhp.org/news/2003/august/adm…
Generally, the ABA is pretty liberal. Trial lawyers tend to be more liberal. But not all Conservative attorneys support tort reorganize, and I’m one of them. I have reasons that are base on upholding the jury system, not barring the courthouse door to any, not giving judges more power than they already have and my belief that cap on awards artificially inflate the worth of some and deflate the worth of others.
Also, I think this is a states’ rights issue, not a federal one.
I assume all sides are in support of some tort reshuffle. But I also think that the medical establishment throws a great deal of money at the problem too.
Because of this, its going to be a problem.
malpractice suits and precautionary medicine only justification for 1% of health care costs. all right, less than 1% actually.
Most countries who have total health also have cap on malpractice suits.
Insurers hold already stated that even if a cap is put on malpractice suits, they the insurers will continue to incline premiums paid by doctors. It all go back to profit
I would really like to see tort reform
BO doesn’t give the impression of being to want to address it
Yes. If they stared there, I would be more apt to listen.
Yes, one of the major problems with strength care that is not even on the table.
Funny item, Republicans passed major tort reform contained by 2005 when they had control of the house, senate and the presidency.
Why are they still screaming about tort reformation when they already passed it?
Given that 99.9% of the conservative public wouldn’t know what a tort was if it bit them it’s no wonder that the right wing radio dummies take away with their version of the issue. Guess what? Most claims never seize to trial…the court dismisses them as groundless. Most other claims are settled out of court. The claims that do make it to court, should the plaintiff win are settled for less than $10,000. The really big claims are few and far between. Of course, the insurance companies would love to never retribution out a claim and these are the guys that would love to make it harder to sue. Just like the credit card companies that prevailed on ‘our’ organization to make it far harder to apply for bankruptcy, the insurance companies are contained by it for the money. No problem there, but when a person is injured they should be compensated. What I’d resembling to hear, besides a load of BS tossed at the ‘trial lawyers’ is exactly what torts the reactionaries of the GOP want to change around. Will it make it for a more streamlined and just system, or will it in recent times allow insurance companies to thumb their nose at injured Americans to fatten the bottom line. Wadda’ ‘ya construe?
Yes….cons/reps are usually in favour of things that sound moral but don’t actually work. while Dems/libs are in favour of things that nouns bad, but actually work.
Are medical coroners required to hold malpractice insurance? ?
unless they molest the comatose bodies no
Coroner isn’t a medical job. It’s political. In most counties in the US, they aren’t physicians.
I believe the medical examiners are required to have insurance. If they misdiagnose the cause of release as homicide, and it was accidental or untaught, you could end up putting a family through an unnecessary investigation. Or, if you classify a demise as a suicide, then that person’s family can’t collect vivacity insurance, so that could be grounds for a suit.
Are medical malpractice suits difficult to pursue when it involves oncology?
When a patient has suspected stage 3 colon cancer and the oncologist drags his foot in testing, resulting contained by a postponement of treatment, which leads to further spread to the point that is beyond hope of remission, would it be difficult to prove this within an arbitration?
Sounds like you might enjoy a case… however, you should find a respected attorney which specializes in malpractice suits, especially for oncology. I’m sure he/she could provide further insight and consent to you know if you have a solid case.
I’m sure it is enormously hard! I personally would not even bother because conceivably he wasn’t necessarily dragging his feet…maybe he have to wait on the testings. If you have the money and you focus you have a case, walk out and find an great attorney and fight it.
How much time elapsed? What else was going on during this time period? What proof do you own that the cancer spread during this time period? These are some questions to consider.
A glitch in treatment in the decree of a few weeks to even a month is not out of the ordinary. You say “suspected Stage III”, probably staging was going on during this time including scans. You want to know what stage the cancer is before you can determine what chemo regimen to use on someone. Also, I don’t know how old the long-suffering is, but was the doctor trying to get carrying out tests done on the heart and lungs to be sure they were strong enough to transport the chemo? All of this info is quite necessary to soundly treat someone or else the physician could be found negligent if something unpromising happened to the patient.
Calling Medical Doctors (D.O. or M.D.) – How much does your malpractice insurance cost per year?
I will be starting medschool in Iowa next year (I am originally from Canada). I be wondering how much malpractice insurance cost and what is your net income at the end? Please state your position also.
In Canada, just about anyone ever sues, even when big screw ups happen. However, it is not the same within the States. So I was wondering what net income do you across the world take home? Thanks 🙂
Malpractice insurance premiums vary widely from state to state. Florida is the highest-premium state, near an average 2004 premium of more than $195,000, followed by Nevada, Michigan, the District of Columbia, Ohio, Massachusetts, West Virginia, Connecticut, Illinois and New York.
The 10 lowest-premium states are Oklahoma, at about $17,000 on average, and Nebraska, South Dakota, Minnesota, Indiana, Idaho, North Dakota, Wisconsin, Arkansas and South Carolina.
Many areas of the country, especially around major metropolitan areas, are experiencing generous increases in the average costs of premiums. Between 2003 and 2004, Dade County in Florida, which includes the city of Miami, go from $249,000 to $277,000, an increase of about 11 percent.
In that same period, Cook County contained by Illinois, which includes Chicago, jumped about 67 percent from $138,000 to more than $230,000. Wayne County surrounded by Michigan, which includes Detroit, went up 18 percent, from almost $164,000 to nearly $194,000.
Internal Medicine medmal is around $26,000 for full-time practice in south-east Michigan. This is not including tail coverage (required) for “claims-made” insurance which is mostly less expensive than “occurance” policies. Tails run around $20,000 and must be paid up front. Also insurance premiums increase the longer you are within practice.
Financing for tails and premiums is available.
Malpractice used to be cheaper in counties surrounding Wayne Co. but very soon all the counties are the same.
There are amazingly few private practitioners in southeast MI. Most are employed by hospital systems having free standing clinics. HMO insurance have decreased payments to physicians to levels at or around medicare reimbursement.
Can the defense’s medical expert be used as the plaintiff’s expert witness surrounded by a medical malpractice defence?
No that’s a conflict of interest. what he says is going to be good solely for one side, he would have to contradict himself to be good for both sides. Which would brand name him not very credible. Source(s): Myself, Medical/Legal Assistant
usually the plaintif has to provide their own but the plaintiffs atorney can win him in cross examination
Can a 3rd bash sue for medical malpractice on behalf of someone else minus power of attorney or form prox?
Parent A is in the hospital. Child A has robustness care proxy & power of attorney (in addition to self the executor of the will). Child B wants to sue the hospital for malpractice (possible case, though not airtight). Child A doesn’t want to sue at adjectives. Does Child B have any right to sue on behalf of Parent A (still living at this point)?
A child cannot sue, so no. And even if they were adults, they couldn’t sue any.
Can a medical malpractice casing that happen contained by south carolina be profile from florida where on earth I reside?
I had a Total Hip Replacement in SC. I am really messed up. My request for information is, can I file the claim in my home state of florida? The surgery took place surrounded by South Carolina. Do I need a SC attorney?
You should talk to a Florida attorney first to create sure (and perhaps they might be able to refer you to a SC attorney), but you will probably own to file the case surrounded by South Carolina.
There are several legal doctrines that apply when suing an out-of-state defendant for an out-of-state incident that will make it hugely hard for you file the baggage in your home state. The two biggest problems will be whether there are “sufficient contacts” between the doctor and Florida to allow the Florida courts to proceed at adjectives and whether so much of the evidence about the case is surrounded by South Carolina that it would be easier for everybody (other than you) to let South Carolina handle the defence.
You can have a Florida attorney but you need to database in South Carolina. where the malpractice took place.
Can anyone update me what the statute of limitations is on Medical Malpractice surrounded by Wisc. or point me to a site?
Try looking here…
Call any attorney. He/she will tell you.
that is the best site i could find
Thatstates States Attorneys Office
Call or go to their trellis site
Go to the AMA website it can probably answer any question you may have.
Can anyone recount me the canon for reopening a closed medical malpractice defence contained by ohio?
How long do you have to reopen a medical malpractice case contained by OH, if new evidence is presented? Can you do it any time? Are there stipulations?
Thank you terrifically much!
why would it be a law? if the grip has been settled you can’t reopen it
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It depends on how it was closed. For instance, if it was dismissed next to prejudice, it cannot be brought again. If it was dismissed without prejudice, it must be brought in the original statutory period. If it be settled and releases signed, it cannot be brought again. Source(s): 20+ years practicing law
Can Asperger Syndrome be a medical malpractice?
My son was diagnosed with AS contained by January. I have been reception emails from different asperger information online and one of the causes is lack of nouns at birth or at least according to one of these emails I have received. Please if you hold more information about this please let me know. I am trying to realize this but its a little hard for me to even see my son as have AS. He is very smart and loving but I am doing my best to understand him. So please if you can give support to me understand let me know! Thank you!
As far as I know, neither doctors nor researchers hold found a clear cut explaination for Asperger’s Syndrome. It seems to have a strong genetic component, but in that are also brain structure changes which suggest something in the hasty brain development has gone awry. I don’t mull over I’ve seen anything that links oxygen deprivation at birth with it- though we already know the join between that and cerebral palsy. One site that may offer some relief to you at the moment is
That should get you into a bunch of resources available to help you work through this and digit out how to best help your son. Above all, remember your son is more than a label- humans are greatly more complex than that. Your love is still the most important treatment available. Good luck to you both. Source(s): nurse
Sorry about your problems.
Thinking going on for a ‘medical malpractice’ is something entirely different from ‘trying to understand’ a condition.
AS is not a ‘malpractice’ problem.
Can belief healers be sued for medical malpractice?
They claim they can cure better than doctors. But what happens when they fail to come through on the buy and sell. Shouldn’t they be liable for emotional damage done to the tolerant?
Also, some of that stuff gets pretty rough, from what I’ve seen. What if they further injure the long-suffering?
If they want to be healers, shouldn’t they be subject to the consequences of being a bad one?
Do you have a shield? Can you bring forth one person who did NOT get heal by Faith? If not what is it too you? I can show you far more families who buried their loved ones through a failure of SCIENCE than I can who trusted and where on earth let down by God.
My mother, Grandfather and Grandmother all where on earth victims of the failures of Dr.s and Science. In each grip, the Dr. ‘buried’ their mistakes.
you know… I don’t have a problem with a priest, pastor, or friend lay their hands to pray on me or with me for an bug. I have done it several times. I do have a problem when it get violent.
I know that sometimes when we pray and ask for healing, sometimes it is a spiritual restorative and sometimes the answer is no.
They shouldn’t have pushed your friend to the ground!
Christianity thrives on the denial of personal responsibility.
Why should this be any different.
I believe the UK has recently introduced a tenet that lets people sue when astrologers/psychics…etc fall short at providing whatever the customer was promised. This is probably for cases that go down short of medical malpractice though.
You ever hear the story of the exorcism of Emily Rose? Source(s): Yea and verily, the Hippie Republican has spoken!
If they are legally a doctor, and giving official medical vigilance… then yes they’re liable.
However, I think most of them aren’t technically doctors… so you’re on your own if you use them.
Even I don’t believe in them.
IF belief healers make claims that can be construed as medical claims by the US Federal Drug Administration, they can be prosecuted. For this reason, frequent “healers” and purveyors of alternative cures for cancer, AIDS, and other ills, practice outside of the US or else are enormously careful about how they word things contained by their literature. Many studies have shown that although persons who return with involved in these things often have a feeling better for a time , most people die of their disease its complications (or from its alternative treatment). Many diseases–such as those presenting to faith healers–are psychosomatic. Diseases that can be psychosomatic include seizure (30% of persons seeking medical treatment for seizures in reality have psychogenic –not true epileptic–seizures), paralysis, blindness, muteness, and pain syndromes.
Some studies of “invigorating touch,” which is like the Christian idea of lay on of hands (and like Reiki, the fancy history of which is pseudohistory, pranic curative and various spin-offs) show that it is beneficial when used in combination near real medical treatment. It does seem to sustain improve healing because it probably help the emotional disposition and thus the immune system of the patient. |There *may* be a transpersonal effect on the bioelectromagnetic enclosed space but it is not a substitution for medical treatment.
You can not deny the placebo effect. It have the scientific data that indicates as big as 70 to 90 percent effective rates.
Dr. Herbert Benson, who spent his career working within Harvard Medical Schools’ teaching hospitals, is one of a handful of medical investigators who established the scientific grazing land recognized today a mind/body medicine. Associate professor of pills at Harvard Medical School, he founded Harvard’s Mind/Body Medical Institute at Boston’s Deaconess Hospital. Observing how patients got better-or didn’t- he became convinced that:
“our bodies are wired to benefit from exercising not with the sole purpose our muscles but our rich inner, human core – our beliefs, values, thoughts, and feelings. I was reluctant to explore these factor because philosophers and scientists have, through the ages, considered them intangible and unmeasurable, again and again, my patients’ progress and recoveries recurrently seemed to hinge upon their spirit and will to live. And I could not shake the sense I had that the human mind – and beliefs we so recurrently associate with the human soul – had physical manifestation.”
Can FDA instruct a medical expert to investigate a medical malpractice valise?
The FDA is a regulatory federal agency. It has it’s on consultants and legal troop usually put in place to force compliance with FDA rules.
Medical malpractice is a bag specific, doctor specific, medical, legal issue that bears no mandate from congress that the FDA bring involved. The FDA does not enforce medical malpractice cases. Those are civil legal cases in which somebody sues the doctor for money or damages. The state medical boards would look at the shield in or order to determine competence.
The FDA might bring back involved if a device maker caused a practitioner to engender an error. They would then enforce proper labeling and warnings. That is one example where on earth they might investigate the situation from a regulatory point of view.
Can I press a medical malpractice or medical negligence suit?
I have Crohn’s disease and was told by my specialist to avoid anti-inflamitories. My former doctor required to keep me on them for my knee strain. She also refused to give me anything for distress other than the anti-inflamitories and also wanted to stop me cold turkey bad my anti anxiety medication which I have been taking for 8 years minus an increase. I found another doctor that gave me my medications minus complaint and also agreed the anti-inflamitories would be counter productive to my Crohn’s treatments. My new doc is an Internest. Do I have a suit worth suing for? Can I sue my former doctor for putting more of my condition at risk?
i only heard on handle on the ruling on the radio that in order to sue for malpractice you enjoy to prove that your condition is worse. if you can prove that the first doctor damaged you in any channel or made your condition worse, then you can sue. these would be in the form of oral exam results and stuff in medical records. it have to be quantifiable. if you can prove your worse, then you own a case.
It doesn’t sound approaching you would have anything concrete to sue for. A doctor giving you bad suggestion is not enough to take someone to court–it would be a frivolous suit and would be the explanation why health care contained by this country is so stinking expensive.
You would be better focused on trying to find for yourself alternative ways to deal with some of your torment and rehabilitation. Focusing on life from a positive perspective can often take home a world of difference.
You don’t have a malpractice case here. While ibuprofen can worsen symptoms of Crohn’s surrounded by some sufferers, it is not medically contraindicated as a treatment. Crohn’s is an autoimmune response, and treatment regimens vary widely from physician to physician, as well as from lenient to patient.
It does not appear, from what you have said, that you suffered any injure from taking the ibuprofen, since the symptoms disappear when the drug is eliminated.
What you are dealing with here is a difference of view between medical professionals, and not a case of clear malpractice.
You would need to have one doctor testify against another? Have fun!
Have you be injured by any of this? You have 2 contradictory conditions there beside doctor 1 treating your knee and doctor 2 treating your crohn’s. Both are valid. Neither pose a serious threat to your health.
Long story short you own no case.
In order to procede next to a Med Mal case, you must first do due dilligence that there surrounded by fact was malpractice. (In the US.) What that entail is that your attorney has to get medical opinion that will support your claim. And yes, there are doctors who will review the claim for validity and testify. In establish to pass this test, it have to be shown that what the doctor did was not reasonable and not inwardly the standard of care of the medical community. In other words, if other doctors would do it, it’s not malpractice. If you dont do that, or if you do it and file the suit within spite of a report that says it isnt malpractice, you could be subject to sanctions.
From what you are aphorism, this doesnt sound like malpractice. I’m not clich¨¦ you shouldnt pursue it. But it will be expensive just to find out if there IS malpractice.
Another item to consider is if you have damages. It doesnt sound as if your condition deteriorated or if within are any long term effects. So if there is malpractice minus damages, you dont have a case.
Anyone who can find an attorney can sue for anything, but winning is something else. To have a rationale you need to suffer loss. Did the action of the doctor produce you to lose money? Was his action so far outside the normal medical treatment standards that other doctors will testify surrounded by court he was wrong? Hard to find docs to do that!! If it’s an honest difference in proper treatment, you are out of luck. Your condition might be at risk, but you found a physician who would treat you as you wanted. Might you need to sue him at a subsequent date?
Can i folder a medical malpractice satchel surrounded by delaware myself?
You can file a case surrounded by which you are the party without hiring an attorney. This is call proceeding “Pro se.” The problem, however, is that civil litigation (particularly, medical malpractice) is difficult. You will be going against professional lawyers who will be skilled in court research, rules of practice, and discovery. Proceeding as a layperson would place you at a disadvantage because you lack the resources and training. I recommend finding counsel of some sort.
I don’t have any expertise, but I would strongly suggest have a lawyer. Malpractice means going against some of the toughest lawyer there are. Unless you’re a lawyer, I wouldn’t suggest it.
Can I reopen a settlement case/sue again for medical malpractice because it did not pilfer into vindication…?
When I was born, I had a transesophageal fistula, contained by which I had surgery to repair it just after I be born. The nurse/doctor never turned me over onto my other side after the surgery was done and I lost circulation in my earlobe, so they have to cut away half of my ear. My parents decided to sue and in that was a settlement for 15,000 annually for 4 years when I turn 18 (next month). I don’t think this settlement be fair considering the psychological issues in have had to deal next to a deformed ear and it still is very troubling in my day by day life. Is it at all possible to sue again or get hold of more money? Thanks for your time.
No. a settlement involves a waiver of all claims, present and future, surrounded by return for specific amount of money.
No. You will not be able to sue again or win more money, the case has already be settled. The only recourse to consider would be an appeal, in which a greater court would look over the facts of the case. But they would have to find nearby was some procedural error, and it doesn’t sound close to there was. Settlements aren’t other fair, especially if you are the victim. You could cooperate to a lawyer to see what they say, but lamentably I don’t think you have a valise.
Talk to a lawyer. Some states have special exceptions that do not allow parents to sign away their kids’ cause of action, especially if you did not receive the money yet.
Personal injury lawyer typically offer free consultations and work on contingency. Good rule of thumb is to talk to three, and if none are of a mind to take your case, I would utter move on. Couldn’t hurt to ask, right?
You should consider yourself lucky you’re getting $60,000.
Now, make sure you don’t blow it on some bullshyt … good luck.
Can I still sue for medical malpractice?
I had surgery done back within 2004 and 1 week after, ended up in the hospital for septicemia. Doctors at the time could not amount out why but now in 2009 my symptoms are rear legs and my new doctor thinks it is cause by a surgical instrument left behind. Possibly a gauze. It have been 5 years since the surgery. If it is true and I did have a surgical instrument vanished behind, can I still sue even though it has be this long?
Oh course you can sue! You basically started feeling the pain immediately. Get yourself a lawyer. just hail as them up and let them know your story and they’ll be jumping adjectives over it.
You may be able to, consult a advocate. Medical legal cases are incredibly mentally taxing to deal next to so if you do go that route make sure you are surrounded by it for a very long drawn out multi-year process that will consume huge amounts of your time and not likely resolve the issue to your fulfilment.
But septicemia can be caused by many different things and you should emphatically get to the root cause of it and don’t assume the doctors are other right about it.
There is a case within the courts in Florida of a women who had a kidney stone but be misdiagnosed by a “Phone HMO doctor” who was too lazy to come contained by and see her and she went into a septic shock and had to own all four limbs amputated because of it.
And don’t be overly sturdy on your doctors, work with them. The cause of septicemia can be vastly difficult to isolate (if it’s even possible).
If you have this situation, (active bacteria surrounded by your blood), you really need to not worry give or take a few lawyers and isolate the condition and fix it, it can become very serious. If you aren’t glad with the doctor(s) find others, but get the explanation isolated and fixed.
I’d get a second opinion from a latest doctor. “POSSIBLY” a gauze is not a diagnosis, or grounds for suing. Confirmation is a gauze is. Medicine is still a new science where things step wrong. People get sick and get infections from surgery.
If surrounded by fact a gauze was gone behind, sure sue. that’s malpractice, the doctor should have be on top of his game.
If you sue minus confirmation of the gauze, and there turns out not to be one, you just pretty much misspent a lot of money in advocate fees.
Like the other poster said, septicemia is hard to figure out the motive of. 5 years later is going to be a hard shield to prove if there is no gauze.
The finding of anything left down now would start the clock now not after since your symptoms disappeared then but the discovery of what is now. So go and get yourself a real ambulance chaser and go for it.
if this was true, the gauze would of absorbed into your system years ago. if an instrument be left behind, an xray will prove it, and i would contact an attorney as soon as your out of surgery (to remove the foreign object). removal would be 1st on your catalogue, then sue.
Big is dead on the money, since the issue was merely known recently, your SoL begin the day you find out about it.
Contact an attorney who specializes contained by medmal, and see what they say
Can I sue a doctor for medical malpractice nearly 4 years latter?
while in labor I had no put a bet on support and so I really hurt an already hurt lower back. Can I still sue the doctor almost 4 years later?
It depends on the statute of limitations surrounded by your state, but probably not. Most are limited to 2 or 3 years
It seems means of access too late. The average time for the statute of limitation for civil schedule in most US jurisdcitions is 2 years.
Can I sue a doctor for neglect/medical malpractice if he didn’t properly follow my disease?
I was diagnosed with Lupus Nephritis surrounded by Sept 07 when I just turned 19. I was told to follow up near the rheumatologist that saw me in the hospital. I did a biopsy and i was found to enjoy stage 3 lupus nephritis so i started seeing a nephrologist. long story short, the rheumatologist didn’t get along with the nephrologist so he told me to stop seeing him and convinced me that he could control my lupus and told me he have many patients with lupus. he slowly started contraction my prednisone and told me i was going into remission. then one month then he lost my blood tests and did not request em back from Labcorp and did not convey me till the next month. within that month i be not on my cellcept and i was on a very low dose of prednisone (10mg) at that point my disease be eating away at my kidneys. that month i went from stage 3 to 4. the subsequent time i saw him he told me that i would have to do chemo. i went to capture a second opinion from my nephrologist.
the nephorlogist requested my records from the rheumatologist and when my documents were recieved the rheumatologist sent only a small segment and only the last 6 months of blood test. my nephrologist then brought to my attention that the rheumatologist the whole time be doing the wrong blood tests and not watching my disease as closely as he should have be.
so my question is.. can i sue the rheumatologist for not monitoring my disease and falsely assuring me that he havealot of experience with lupus, when in actuality he did not?
i enjoy suffered so much because he slipped up. i had to do 6 months of chemo which caused me to annul from school and get within debt with student loans.. i cant work.. my disease got worse..and the glorious dose of prednisone caused me to gain over 70 lbs.
This sounds like a disastrous last few years. I had a malpractice suitcase that I sued for last year and was compensated for my injuries. I used http://www.badproducts.com/ because they offered a free consultation online. They set me up next to some lawyers in my nouns who did a great job. I don’t know if they can help you, but that’s be my experience. Hope everything turns out for you!
I would say that you have a deeply strong argument that might hold up in court. One of the only fault that I can see though is that you chose not to go to the nephorologist. But if he strongly urged you *and* assured you that you would be taken care of next I would say you have nought to worry about. One of the first things I’d do is start conversationto people about a tenet firm that can help you out. I know you can’t pay a attorney now, but no lawyer will permit that stop them. If they think they can win the case after they will definitely pursue it. CAUTION: Do not go to court by yourself. You entail a lawyer. Every major hospital have high powered lawyers working for them and you will lose minus a law firm backing you. I’m sure you hold a case that will at least interest a firm.
On a side entry: I think it is awful what the Rheumatologist put you through. I hope you come out all right. Anyways, hope this help!
Can I sue a hospital for medical malpractice? Serious answers solitary please?
Last Saturday I passed out in mid walk, and land on my knee. I was taken to the ER and I kept describing them my knee hurt. All they did was put an rime pack on it…No X-Ray, no cat scan on it, NOTHING but ICE! Well I was sent home from work because I can not walk and put pressure on my knees. I am going tomorrow to have an X-Ray done, and I am wanting to know if there is something seriously wrong beside it…can I sue the hospital for not treating it or doing any test to see if it was okay? I can not even recount you how many times I told them my knee hurt… Thanks for the answers!
I don’t reason this is malpractice.
Did you take the time to remind them about your knees? I’m sure I would have said something like “I’d close to an xray or some treatment for my knee.”
Plus maybe they be focusing more on why you passed out. I would think that would be more important or highly developed up on the list then the knees.
I once hurt my ankle pretty badly and saw a doctor. He just looked at it and feel it saying it was ok. I be in tears with distress and told him I couldn’t even walk on it without awful stomach-ache (I was hopping from the bed to the bathroom that was it). So this doctor only just shrugged went and got crutches and wrote some headache med for me and that was it.
3mts later I be still in TONS of pain and could only just walk. Saw a new doctor who feel around and told me I most likely TORE my achelleis tendon (the one that runs down the backbone of the leg) He said too much had passed and the only treatment would be surgery but he said he would be a horrible and aching one. He hated to even do that kind of surgery.
So to this year I still have awful pain surrounded by my ankle.
The thing is you were at the ER and they are principally there for fast emergency treatment & more of a prompt fix kind of place. Not like a doctor who would clutch the time and help see what was wrong and how to fix it.
Good luck and the doctor. I hold awful knee problems and I know the pain can be horrible. Source(s): homeschooling mom of 3
wow that would def piss me off, sometimes hospitals can blow you off similar to that, you have to talk to a legal representative to see if any legal practices can take place
If you kept recounting them about your knee they be probably more worried about a head injury than your knees. In this day and age of people sueingother family, I would say no to sueing the hospital. They gave you discharge advice and you should have signed something before you moved out stating the care the gave you and the explanation of treatment given. I would in recent times go to my familyu doctor and get it x-rayed and if in that is something wrong he/she will refer you to an orthopedic.
I am not a attorney
This post provides information about the law designed to lend a hand the inquirer to safely cope with their own trial needs. But legal information is not impossible to tell apart as legal advice — the application of regulation to an individual’s specific circumstances. Although I have attempted to make sure my information is accurate and adjectives, I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation.
This is not medical malpractice. If it be, then every un-diagnosed patient would sue and Doctors would be forced to stop diagnosing ancestors for fear of being sued for missing something that might enjoy been impossible to notice at the time.
As long as the knees injury was not caused by the hospital performing some quality of procedure which deviates from accepted standards of practice in the medical community afterwards you don’t have a case against them
Again agree to me be clear, I am not a Lawyer.
Can i sue my feeble doctor for medical malpractice?
i went to my doctor and didnt know what was wrong near me all i knew be that i was in horrable dull pain my hip, and tail bone was swollen and pain be ahooting down my leg with pin neddle like response in my foot i often lost control of my blatter and be numb in that area. so i get a NEW DOCTOR AT ANOTHER LOCATION AND HAD AN MRI IT STATES THAT: I HAVE SCATTERED FOCAL IRREGULARITIES OF THE ENDPLATES. THERE IS DIFFUSE DISC BULGE WITH A SUPERIMPOSED MODERATE SIZE CENTRAL DISC HERNIATION AND THAT IT EXERRTS MASS EFFECT ON THE LEFT S1 NERVE ROOT. I REQUESTED MANY TIMES FROM MY OLD DOCTOR TO GIVE ME AN MRI BUT SHE WOULDNT I BEGGED HER THREE MORE TIMES AFTER THAT TELLING HER THAT I WAS IN HORRABLE PAIN AND AT TIMES COULDNT WALK. SHE SAID THAT IT WAS A PULLED MUSCLE. SO I WENT TO A DIFFERENT DOCTOR. CAN ANY ONE HELP ME IF SO THAT WOULD BE GREAT M. BRADLEY
doesn’t sound approaching malpractice just not very accurate diagnosing skills
No you can’t (or at least possible you cannot win a suit), unless you can prove he already KNEW this, and did not treat it! Doctors are human beings, not omnipotent gods. The certainty that you wish to sue says a large amount about what kind of personage you are.
Perhaps you should run for office?
You can’t successfully sue your feeble doctor unless she violated an applicable standard of care. Here, its not clear if that happened or not.
Let me put it to you close to this: does the fact that your old doctor didn’t bring back an MRI for you change your injury? Did your new doctor own to prescribe surgery? In the end, if it didn’t change the prognosis or treatment, you don’t hold any damages.
Maybe this will backing….A doctor gives u a med, its the wrong one and you die. That’s malpractice. A doctor gives you a med, the right one, and you die. That’s is a moment ago bad luck. In your case nearby is not malfeasance or malpractice, just bad drug.
If you ask a doctor for an MRI they don’t tell you no. This is crap, you hold no case, get a brief. Doctors aren’t all knowing beings and aren’t liable for finding every little pre-existing condition wrong with your body.
If you ask a doctor for a diagnostic scan, especially 3 times, you catch it… they have no reason not to. You’re full of crap.
You know, the best advice I can impart you is to stop looking for legal advice on the internet.
If you imagine you have a med mal case, telephone a lawyer.
This is America. You can sue anyone for any reason.
It depends soley on your states law which limits the number years that you to sue Doctors or other medical providers.
“> you can sue anyone for any reason the question is will you win
surrounded by this case you wont
there be no malpractice you were given a diagnosis
most doctors go beside the simple answer first before wasting money on tests
And what, money is gonna make everything all better? People are so bloody greedy…
Can I sue this woman for medical malpractice?
So I took my boy to see this alternative medicine practitioner. She asked for the cash up front, and said she’d require merely one night. As requested, I closed the door and I left them for a while. After she’d done, his commander was shaking, his fingers were clutching, and his body bewrithing.
You call this ‘more alive?’ I yelled at her.
‘I’ve already told you what I do to souls’ she said.
Who be she?
Title of song, artist AND album, please. Clue: Not recent.
PS: THIS IS A MUSICAL QUESTION. You will not be able to answer it unless you can grasp a song title.
Love Potion No.9
YOU COULD DO BUT YOU NEED TO GET ALL THE FACTS FIRST THEN YOU CAN .
Wild guess, but here go…
“Acid Queen”, Tina Turner, “Tommy” soundtrack by the Who.
Oh No! She’s torn it apart!! She’s the Acid Queen in Tommy by The Oo
Can nearest and dearest directory a medical malpractice lawsauit contained by behave of a single relative near no kids?
My uncle passed away last week due to hospital error. He was a single man next to no children. Can my family file a medical malpractice suit on his behalf? Or can simply a spouse or son/daughter sue? This is in FL. Don’t know if each state is different?
Yes, your uncle’s descendant can file.
Be aware that if the heir wasn’t close to the uncle while he be alive, he or she will come across as looking very greedy if the case ever get in front of a jury.
I think that you hold two things to consider here.
Yes, the next of kin is able to report/deal with/sue someone.
The nearest and dearest is in the grieving process so everyone should make sure they hold reached out for help back making decisions.
Can own flesh and blood database a medical malpractice lawsuit on behalf of a single relative near no kids?
My uncle passed away last week due to hospital error. He was a single man near no children. Can my family file a medical malpractice suit on his behalf? Or can just a spouse or son/daughter sue? This is in FL. Don’t know if each state is different?
i would markedly check out http://www.badproducts.com . They helped me file a malpractice suit a year ago and I particularly would reccomend them. good luck
Can someone record a claim after 9 years for medical malpractice?
is it possible at to file a claim after 9 years for medical malpractice in ohio
No. The Statue of Limitations is one year. Source(s): http://www.mcandl.com/ohio.html#I
Probably not, but I don’t know the exact statute of limitations to do so in Ohio any.
Ah, here it is: A. Under Ohio law, an action upon a medical claim “shall be commenced inwardly one year after the cause of action accrue.” RC 2305.113. This applies to negligence claims against any type of healthcare provider.
Looks bad for you. But looks bad, and is without a solution, are two different things. Consult a personal injury/medmal attorney. You should be able to get a partly hour or so either free, or at least cheap. Enough time to explain the issue, and see if at hand is a possibility of a suit this late.
From a speedy look around Lexis, most likely not.
It would appear the statute of limitations on medical malpractice expires one year after the patient discovers or conceivably should have discovered the injury. (Ohio Rev. Code Ann. § 2305.113(A))
Additionally, Ohio has enact a four year statute of repose that further limits the time frame to bring a medical malpractice suit by limiting an action for malpractice to inwardly 4 years of the act or omission comprising the claim of malpractice. (Ohio Rev. Code Ann. § 2305.113(C) and (D) ) Source(s): Ohio Rev. Code Ann. § 2305.113
Possibly. Most limitations apply after the cause become known. If you didn’t know until now within was a problem you may have a casing.
Can u still proceed next to a medical malpractice imperative suit 5 years after the situation occured?
Every state has their own statute of limitations, but typically those kids of suits must be brought within 2 years of the episode. Check with an attorney licensed in your state to be sure
Can we Sue for Medical Malpractice within Nevada?
consult next to your attorney, you may be able to get hysterical distress or something in that nature, but consult an attorney.
You need to consult next to a Nevada attorney the specializes in medical malpractice cases. You need to hire another cardiologist to determine whether or not the treating doctor’s conduct fell below the applicable standard of thoroughness. And then you also need to show how your husband suffered damages. Other than the brief care, it doesn’t appear that he suffered any permanent damage.
I deliberate you should…I’m not sure about the Nevada state laws though. You might want to check out the Nevada State Website if you haven’t done so already. If you cannot sue the hospital who employed the 1st doctor, you might want to intuitively sue the doctor for many different things, such as:
1. His salary during your appointment
2. The co-pay or insurance you salary (depending on your insurance companies policies)
3. The legal forms and any other money you paid that directly go to him.
Add this all up and you will have a nice sum of money. Be sure this is adjectives legal or else you can find in big trouble.
Can you let somebody know me if this is medical malpractice?
I had a c-section on September 26th. Recently I noticed something “plastic” sagging out of the incision area. It has turned black where on earth it is attached to the skin. I have also had a burning sensation contained by the incision area. I did not notice this earlier my post-partum check-up but you would think that the doctor would have. I enjoy no idea how to go give or take a few suing the doctor. Should I get medical treatment first? Should I contact a lawyer first? How do you find a advocate that is willing to procure paid only if you win the baggage?
I wouldn’t sue if I be you. It may be your fault for not seeing a Dr. sooner. Source(s): Just deal next to it. Sue happy people
is the plastic thing flaccid out look like a string? if so its a stitch and will fall out on its own. some times they use stitches that are made to dissolve on their own but for some intention one stitch wont dissolve. however if its black and burning around the incision area you need to progress to the Dr, it may be infected. id go find out what is going on next to the incision before you contact a lawyer.
I work in the medical pasture, actually in OB/GYN. Now, I’d approaching to say no don’t sue… but really the best thing for you to do is first and foremost wish medical treatment. But also, contact the facility. Ask to speak with their legal department or tolerant advocates. Some people may work like if it’s the facilities lawful council they won’t be as helpful, but it’s not so. If it’s a respectable facility they will put their patient’s needs first. We truly had a doctor loose his job for smaller quantity serious problems than this. But please… seek medical attention first. It sounds almost like a suture that have gone wrong. But it could also be something else surgical. Good luck!!
Get a second judgment before you go past its sell-by date shouting for a lawyer. If there is a burning sensation, in attendance is propably a problem. Mistakes happen. Doctors are just as human as the rest of us.
It possibly could be. When was the first time you notice it? You never saw it before now? It’s be 9 months and you’re just now notice this? Those are going to be the questions that come up. Go back to your doctor and find out what’s going on. If you are not unworried with the explanation, consult an attorney to see where to move about from there.
you can’t wallet for malpractice unless you are harmed or killed
The first item you should do is seek medical attention — but if you’re interested in pursuing this officially, be sure to document it with pictures. It sounds like, anything it is, may be becoming infected, and this could cause some big ole problems. You should probably go to a different doctor than the one who did your post-partum checkup and catch his/her opinion on what the thing is. If s/he think that it may have been a mistake on the constituent of the doctor performing the surgery (which also may make it a good view to perhaps find a different hospital or complex so you’re not dealing with colleagues) afterwards it would be wise to find a lawyer. There are plenty of decree firms out there that will only ask for retribution if you win, it’s just a matter of calling around and finding the right one — and if the attorney thinks that the case should be a win, s/he will be more potential to take it on under that condition..so you should breed sure to gather all the information possible and own it ready for the lawyers.
Remember that doctors are race too and make mistakes just similar to the rest of us, so try not to get too upset at whoever performed the surgery. But, as you would expect, if it causes you any pain and (of course) money, you do deserve damages.
Good luck!! Source(s): Im a med student
Get a lawyer first since anthing and then proceed with the medical treatment. It sounds close to they may have left something inside of you that should manifestly not be there.
Don’t go jumping on the lawsuit bandwagon simply yet!! Your physician is human and if you inside of your own body did not see what was up prior to your post partum check, you can’t expect him to know it’s there! Remember Medicine is an art just as much as a science! Have you gone put money on to the doctor since you noticed the problem? You’re best bet is to contact the physician ASAP and get surrounded by and get this looked at. Scar tissue is a tricky thing! If you get a pocket of infection under the tissue this could be causing significant discomfort. Since you did not describe the “plastic peice” so I couldn’t even start off to guess what that could be! If he does not deal with it to your satasfaction consequently immediately seek out another physician!
There is other the possibility that Medical Malpractice could be a possibility, however you may have a hard time proving your casing since you’ve waited so long to question your problem (you’r post partum check should enjoy been November? That’s 8 months ago).
At this point your best course of action is going to be to sit down and document as specifically as possible everything you can remember, date are importiant, but don’t guess, give a timeframe if you don’t know a specific date. Get out all of your information they give you to take home from the hospital with instructions for your aftercare. Document document document!(Pictures are importiant) If you enjoy the funds you may also want to go ahead and get your medical story from the hospital, however this can sometimes cost up to $100 depending on the hospital and their policies (an attorney can get this later). Get as much information from the physician visit as possible. I wouldn’t bother asking a spanking new physician if you have a case, most probable they won’t want to get involved and you might even have to look for on the other hand another doctor. Just take ALL the information you can get from the trial physician and document it as well. If your new physician feel there is a problem and something is wrong that was not your breakdown, you might have a medical malpractice case. Only an attorney can recount you this for sure though. Also you would need an atorney to determine whether it is appropriate to sue the physican or the hospital, they are two different entities and you can’t sue the doctor for something that was the blame of the hospital or vice versa.
There are a lot of attorneys out there that will singular charge you if you win, though the risk with these guys is they are typically very busy and may not spend the time on your baggage you feel it diserves or listen to you as thougherally as you feel appropriate. Check contained by the yellow pages contained by your area or in a larger city close to you, thats usually a selling point surrounded by their adds. They will decide if you own a case or not.
Good luck! Source(s): Medical student &16 years working for a hospital.
Can you sue for medical malpractice if a surgery to remove a thyroid completed up ruining your speaking voice?
My mother had surgery some time ago on her throat. This was to remove her thyroid gland any way afterwards she had to keep on till her voice healed before she could speak afterwards she other sounded winded, out of breath and at some points she loses her voice completely in the middle of a sentence. We hold a family friend who is a doctor and believes that a nerve could own been cut that is cause her to loose her voice. If she looses her voice permanently which is possible then she can’t maintain her job. Right now she can speak, but in that is a fear it could be more permanent.
If losing her voice was a agreed risk of this surgery and she was informed of this risk, then nearby is no basis for a malpractice claim against the surgeon. What you should do is review her medical records, specifically look for the surgical consent form where on earth the risks are detailed. If this risk is listed and she signed the form, then you own no case.
The surgeon or his assistant should have explained to you and to your mother, the especially real risk of damage to sung chords in thyroidectomy (removal of thyroid by surgery). If your mother was ancient child bearing age, administration of radioactive iodine (I 131) would enjoy been a good route instead of surgery. If that risk was explained either in words or in writing (if the release signed by you was after perception the risk), probably the suit if any against the surgeon may not hold water. In any case, it would be a fitting idea to discuss with a advocate who handles such cases. I am not a lawyer.
And such cases reinforce the involve for adequate patient rearing and involvement in their treatment. Source(s): I have obedient medical knowledge but am not a doctor.
Speak to a lawyer and look in another doctor for a 2nd opinion as to why her voice goes away. You habitually sign several things to protect the doctor. If the patient incurs a harm that be not stated in what you signed OR you did incur one of these harms, but it was due to a mistake by a doctor next yes, he is liable. It is extremely important that you follow-up on this very fundamentally promptly, because as time passes their may be other variables that could be blamed for the voice loss, thus resulting in “insufficient culpable proof that it be the doctor and not something or someone else’s fault.
Please relieve your mom seek a good malpractice legal representative. You have to prove, without a doubt, that malpractice have occurred & that can be a hard article to do sometimes. Go to the medical records of the hospital where the surgery be performed, & ask for a copy of your mom’s medical records, on the thyroid surgery. You may hold to pay but it’s not much. That paperwork is a record of the surgery, register the doctor/doctors/assistmants, who were present during the surgery, surgery techniques, etc. If they turn down to give the records to you, your legal representative will get them for you. Go back to the days prior to your mom’s surgery next to her at your side, & keep a diary of her pre op/post op/ office visit, treatment, etc. Try to write down some of the pre op conversations your mom had with the doctor, especially if he spoke something like what could result after the surgery, etc. All of these recollections are very important, as your attorney will ask you about all of this, if he’s a dutiful malpractice lawyer. You can also talk to family/friends/ co workers of your mom, to support your mother’s alligations against this doctor. You may own to search hard & long for a legal representative who is willing to take your mom’s satchel, so don’t get discouraged. Good luck! Source(s): Personal experience. Malpractice was proven & I won my defence but the money won’t change my botched surgery.
If fat nation can sue McDonalds for being fat, you can sue for that. These days you can sue for anything if you word it right.
Before any surgery takes place, the procedure should be explained guardedly to the patient and to his/her family. This should include how it will be done, who will do it, the pros and cons of the procedure, what to expect after surgery, etc.
If the doctor/surgeon didn’t put in the picture you or explain to you or to your mom what the possibilities are,then I guess you have the right to complain and even sue.
I a short time ago hope that it won’t come to that. And I hope that your mom will not lose her voice.
Have your mother checked by another throat doctor first. The doctor might order a few tests to determine if here is indeed any damage done to your mom.
Goodluck and God bless!
You cannot sue if the doctor mentioned nearby was a risk she may lose her voice.
Can you sue for medical malpractice?
My cousin own four kids and she just found out she was pregnant they cant afford more children.she have her tubes tied last February what went wrong
Yes, you can sue them,
No, it is not considered medical malpractice. If you can prove the doctor did something that was slipshod in the process it would be considered medical malpractice. She more than likely signed a document that stated it is not 100% guaranteed. It’s significantly doubtful she has a case.
If she is pregnant again and cannot afford another child, how is she going to know how to afford gathering the evidence to show negligence, get a advocate and sue?
What you just stated was she said 100% of ancestors who have had the procedure did not become pregnant again, not that its a guarantee she won’t. If within its 10 year history no one has become pregnant their stat would be true. She is the first. She signed an agreement that stated it is not 100% guaranteed.
yeah i would sue that is to say pathetic sounds like no procedure excluding sleeping medicine was done
no for contained by the small print it tells you that the tubes can grow back and come untied.
Tubal ligation have a very small percentage rate of failure, but a greater rate than vasectomy. More than likely, though she may not remember, the flop rate was discussed with your cousin and she signed documentation to that incredibly fact. If she can prove that she was never alerted to the anticlimax facts then she may have a grip; but it is extremely unlikely that she was not given this preoperative teaching. The hospital and/or Physician will hold that on file.
Can you sue for wrongful death/medical malpractice of an unborn child that wasin the mothers womb for 9months?
So heres the story, my sister in law be due for a scheduled C-Section this past Tuesday the 3rd of June. She wound up going to the hosp on Monday morning because she didnt get the impression the baby move since Sunday. She gets to the hospital and the doctor tell her there is no hope the baby is gone. This be 12noon monday, the doctor didnt arrive to remove the baby from her until 8:00 that night.
The messed up entity is the baby died because she didnt have plenty fluid and the cord was wrapped around her neck. My sister within law went to the doc 2 weeks ago maxim she felt like her sea broke and there was blood, they checked her and told her shes ok to shift home. But they did NOT give her a sonogram. And she was NOT planned to come to doctors appointments the last month of her pregnancy. Her last appointment be May8, they scheduled her for her C-section on June2 and said bye see you then.The hospital/doctor have no remorse, they were even laughing during the c section.Do you assume this is case?
OMG that is so discontented, so sorry she had to go thru that.she should hold refused to leave the hospital until something be done..although she just may have a travel case.
I think she has a pretty correct medical malpractice case. Check with the hotel association in New York, and ask them to refer you to a lawyer who will work on contingency. They’ll run into with her for free, and they don’t get salaried until she wins something.
Yeah, go for the money. You own no case.
I’d talk to an attorney, she just may hold a case. So sorry for thier loss!
I am so sorry your sister lost her baby. It is a greatly difficult thing and one where she would (and adjectives of you as aunties and uncles and cousins) very angry for what has happen.
I lost my baby when he was three days feeble to a congenital heart defect. It is very really painful.
There may be a case, and singular an attorney can tell you what the chances are contained by something like this.
The cruel hard reality though, is that babies just sometimes die and it’s not anyone’s fault. You spend plentifully of time retracing your steps and not understanding and needing a justification, ANY reason, for this to have happen. It’s just a horrible thing to enjoy to go through and a difficult road to walk.
There is an online grief procedure that I was with for a time, that is to say geared specifically for people who have have babies “born still”. They can be reached at www.missfoundation.com . I was at hand for about a month, but realized that I needed support from race who weren’t in the midst of their own grief every day, and so after some time, I moved on and depended on my family connections for my support, however, these people know the pain and suffering your sister and the baby’s father are going through, as okay as the baby’s extended family.
I am so sorry this happened. My thoughts are beside you. Please contact me if you want to.
Cause and effect of medical malpractice?
i wnt to ask what is the effect and cause of edical mqalpractices
cause- anyone and everyone enters this paddock
effect-loss of valuable life!
Cause – negligence
Effect – high cost for all, peoples lives are sometimes lost, people live a miserable go there after, familyies can be destroyed…
Imagine what it is .Complete negligence and end of every entity .
On GOD’S sake never go for like that .
Cbo say medical malpractice and shielding medication probably don’t cost that much. do you agree?
CBO: When CBO applied the methods used in the study of Medicare patients hospitalized for two types of heart disease to a broader set of ailments, it found no evidence that restrictions on tort liability reduce medical spending. Moreover, using a different set of background, CBO found no statistically significant difference in per capita health concern spending between states with and without confines on malpractice torts
Absolutely not. Doctors reward as much as 10,000 dollars a month for medical malpractice insurance, and some pay much much more. The CBO is out of touch with authenticity. God bless.
Don’t believe everything you read. Once again judge about it. Why would a physician order an unnecessary exam? If he receives no compensation for this test why establish it? If Malpractice doesn’t add to medical costs why is it so expensive? Lawsuits aren’t a problem as you point out, if so malpractice should be cheap.
I don’t read fact check it is biased. Obviously you enjoy very little interaction in the robustness care field.
No since the law allows Dr’s to be sued for even being a apt samaritan on the side of a road , then dr’s have to own that malpractice insurance and since it is in high constraint , the rates are sky high and so it gets passed on to us . Ultimately Washington have the power to change all that .
My brother’s malpractice premiums are over 1 million/year, and he has never had a claim.
What a quip.
Considering medical malpractice insurance prices rose at 1 1/2 times the rate of form service prices, why…?
This is greatly needed.
Usually, when society call for tort reform, they want to closing date awards to the victims of malpractice. But it’s unfair to make the subject pay.
Malpractice insurance rates will go down if (1) doctors engineer fewer errors and (2) insurance companies settle for lower profits. That’s the kind of tort recover I’d support.
It would be nice to be able to afford going to the dr but the price will not devolution.Someone has to pay for this…US CITIZENS.
Remember……he’s suposed to be sooooo smart. LOL
Because tort lawyers are the Democrat parties biggest contributors! This is an alternative example of the Democrat party putting party ahead of country!
Could someone contained by medical enclosed space proffer inference on request for information concerning medical malpractice?
How could a doctor be held liable if diagnostic test ordered was not taken because government grant did not want to risk possible side effects. Wouldn’t the patents refusal be enough to absolve the doctor. Do not need to give the impression that I am trying to set the doctor up or playing a team game. Honestly do not see how any case with merit could be made, and don’t see how my view could be seriously in error.
Here is the reality contained by this country. Anyone can be liable for anything as long as there’s a case. Once a case is taken to court, a jury make the decisions. Those are the basics. Back to your interview, doctors, most often internists, can be sued for not ordering a diagnostic examination because if a patient’s illness turns out to have be able to be detected by a certain experiment and that test was not ordered, after the doctor gets sued. That is why doctors often writ more tests than necessary. Suppose a long-suffering comes in with a sore throat from singing too much. I am 90% definite that a patient does not have H1N1. I will establish a test just to variety 100% sure, because suppose the patient does turn out to have it; I hold the risk of being sued by that patient simply because have I ordered the test, his/her symptoms could have be prevented or treated. There are also patients out there who intentionally do something like this. He/she would mislead a doctor into not order a crucial test, the doctor does not order it, and next the patient sues then sues the doctor a moment ago to get some extra cash. People are doing this to doctors closely because they think doctors have tons of money. This is no longer true. Doctors’ salary are decreasing, and especially non-specialized doctors are so underpaid because malpractice premiums are so high because doctors are getting sued so much. I read a statistic that in 2005, the average medical malpractice award be $3.5 million. The average malpractice premium for an obstetrician-gynecologist (highest malpractice : salary ratio) was $107,000. The average ob/gyn one and only makes about $220,000 a year, so do the math.
Could this be medical malpractice?
my 1 month old baby be constantly vomiting after feedings for a week. i took her to an emergency room where we waited resourcefully after midnight though there didnt seem to be anyone else at hand. i told the doctor she had kept some food down within 2 days since our visit but now be throwing everything up. i asked if the could check for a stomach virus and threw in the idea of pyloric stenosis. the doctor ordered blood test for dehydration. since she had been keeping some stuff down at this time she wasn’t feeling thirst YET. she was diagnosed with nausea and told to nurture her less, less recurrently. took her home, tried this, didn’t work. I took her to the hospital in the city we live in and the first article they did was an ultrasound for pyloric stenosis! it was positive and we have to rush to the childrens hospital for her to have surgery on her stomach. i feel the first hospital be being lazy and that if i (a 20 yr antediluvian mom of 2) knew what was wrong the doctors shouldv’e figure it out. could i sue?
Call a medical malpractice advocate and tell them what you said here.. they will tell you if you hold a strong case!
Probably, but you would most likely have to win a lawyer from out of town….My father-in-law had a pretty angelic malpractice case, but none of the local lawyers would touch it. We live surrounded by a relatively small area, and I guess they didn’t want their “professional relationships” to be compromised.
Ask a laywer, dont know what the laws are there be you are. Source(s): Ash
that’s why i never put my trust within other people. call a legal representative. more power to you! i hate it when people are workshy.
I would definitely talk to a deposit. Even if you can’t sue, what that hospital did was horrific. I am so glad your baby is okay.
they should own tested, especially if you had mentioned it. That doctor should get a memo or have a visit from you and a friend. That is pretty bleak
Really sorry to hear about your ordeal. The best entity you can do is consult a lawyer and have them review adjectives of the pertinent details of the case. They can answer your questions better than anyone here. Most malpractice attorneys work on the idea that they only get remunerated if they win your claim (so consultations are free), so make sure you find one like that.
Not fairly sure you could sue…
Some Doctors ( I say doctors and not hospitals because these ethical decisions adjectives come down to the individual, not the hospital)
See us young mothers and think we are idiots, trully for the intention that we are young….
If you want to know the best way to go and get a doctor to listen to you, talk to the nurse who is caring for you/your babe, because mostly, i think they have better bedside manners beside patients/their family members than closely of doctors do, and if you have any real concerns going on for a condition, talking to them (nurses) would be the best way to win the doctor to pay attention…. (although, nurses get cranky, too)
There are more nurses than doctors on any one shift contained by an emergency Dept. The doctor/patient ratio is much less…. So naturally, the doctors are abundantly more rushed and sometimes preoccupied than the nurses…. Hope this Info helps you a bit… but as for your legal query, cant help you there, I don’t own any experience in that area.
It sounds resembling a misdiagnosis… not medical malpractice. To file a lawsuit for medical malpractice, you have to prove that you be damaged in some channel. Sounds like you were worried, that within was some danger because of the virus that did require surgery.. and that there was a suspension in her getting proper medical care… but not medical malpractice. She’s fine in a minute. No damages to you. Source(s): Probation Officer and Paralegal.
yes! get a perfect attorney immediately! medical negligence! this is failure to exercise the comfort that a reasonably prudent person would exercise within like circumstances. good luck!
I don’t know, but I do know I would be complaining to the hospital’s billing department! I think that if you told them what was wrong and they disregarded you, you shouldn’t have to pay the entire bill. (threatening a advocate will probably get even more of your fees waived. . . )
Could this be medical malpractice? My Dr. know I hold a serious & incurable condition cond., but withheld this info?
He didn’t tell me I have a cond. which cause death in 2 yrs. He know 1 yr ago. All this time I could have gotten medication to prolong my life & augment the qualty. I found out my cond. by seeing another MD. I asked my regular Dr. to confirm this was true & he did. Can I sue him for negligence & /or malpractice? Please help w/any advice–much appreciated. Thank you!
Could you sue him, sure. Anyone can practially sue anyone for anything. What will you gain? I think it’s a crock that the doctor know death would be caused contained by two years. I”m sorry for what ever condition you have, but you could’ve walked out the department got hit by a car walking to yours and be insensible. No one knows when they are going to die, we roll the dice, play the odds. Your doctor could bring up to date you two years and you prepare for death, but live another 10 wondering when it’s going happen. It not individual stresses you out, but your family out. We live on borrowed time, even your new doc does not know when you are going to die. Medicine is an knowledgeable guess, but when it comes to life and death and predicting the lapse, no one knows for sure when it’s going to evolve. So my opinion is no, don’t sue anyone. Cherish the time you have and live your natural life like tomorrow is the end.
You need to consult a malpractice attorney. If this doctor did not hand over you the information regarding diagnosis and treatment options you probably own a case.
if he knew it, yes, he’s liable.
Get a righteous lawyer, and quickly.
Most medical malpractice/ personal injury attornies will offer you a consultation for free..and they take thier pay If you win..
It sounds to me approaching you do have case..
You should consult an attorney ASAP
YES! But you should conduct yourself quickly… there’s a Statute of Limitations for your claim… it’s basically a time clock that starts ticking when the problem happen and only gives you a short amount of time to folder the lawsuit… when you exceed that time, you can’t file suit anymore, ever! Find a lawyer and explain your situation: he’ll know how long in the past the Statute expires.
As for your claim: yes, you can absolutely bring a medical malpractice suit. The court in Largey v Rothman held that a doctor have a duty to disclose to his patient anything that a reasonable merciful would want to know. Most reasonable people want to know if they’re going to die soon and especially want that information if at hand are medications that can prevent (or at least push off) dying.
My solely cautionary note: the pretty good patient standard is a reasonable entity in that patient’s position. If your doctor withheld the information because of something specific about you, and if it be reasonable to do so, that the doctor would not be liable (like if you’re a very frightened person and disclosing the information was feasible to give you a heart attack or something).
This just hit me… I’ve studied the tenet and I know how to apply it, so I was excited to answer your question, but within answering it, I realized that I’m now dealing next to real people… it’s not a hypothetical… and this tangible person that i’m dealing with have the information that they won’t live for very much longer. :o( The law suddenly become very personal. As a cautionary record, litigation is a very long, expensive, grueling process… you’ll probably win a good sum of money from this claim, … but you might not see the expiration of the litigation in your lifetime.
Sounds pretty sleazy. i own heard of this happeneing with relations with little or no health coverage. Talk to a legal representative i am sure there is something you can do.
How do you know he know if he did not tell you. Maybe he was inexperinced and really did not know. You know God simply knows what your plan is. And you can turn this around and seek a better diagnosis for yourself instead of harping on what a doctor did or did not know. Now if he really know then he should not be practicing medicine anymore. So sue if that is to say the case. He will then be a sadist and a murderer and never should treat another forgiving. If however he really did not know due to inexperience or whatever, You take the reigns of your own duration and find treatments and spirituality and nutritional ways to fight for your life. You do enjoy some say in how you live and when you die. Believe that . Good Luck and God Bless.
I regard as at the very least you could try. That’s really wrong to withhold that characteristics of information, and I wish you luck with everything!!