For example, the standard of care for an eight-year-old child with a cough who is complaining of chest pain would be different than the standard of care for an 80-year-old man who’s complaining of the same symptoms but has smoked a pack of cigarettes daily for most of adulthood. In the case of the child, a reasonable, competent doctor would probably diagnose and treat the child for bronchitis, but that same doctor would run tests to determine whether the elderly smoker had lung cancer.

In the mid 1990s the concept of a ‘gratuitous care’ award was developed by the High Court.  Basically, if you can’t look after yourself or your house (or in some cases your children) because of your injuries, then you can claim the cost of a commercial carer or cleaner even though your family is doing the tasks you can’t do.  For a while this was a very lucrative area of damages but now there are laws that place both a threshold and a cap on what you can claim.  Put simply, you aren’t entitled to any gratuitous care award unless you need at least 6 hours of assistance per week for at least 6 continuous months and the hourly rate of any award is capped at the Average Weekly Earnings hourly rate.  You should be careful, however, not to confuse gratuitous care with commercial care, which is a different claim for damages entirely and which is not the subject of thresholds or caps.


Pain and suffering is a term used to define the physical and mental suffering that a plaintiff endures as a result of an injury. It is a component of the plaintiff's damages. So, in a medical malpractice case, the defendant health care provider can be liable for the harmed patient's pain and suffering, in additional to other damages like the cost of medical treatment and lost income.

Doctor's surgeries also have a legal duty to provide an acceptable level of care to their patients. This will take into consideration issues such as waiting times, diagnoses and administration. If the surgery fails to reach the standards reasonably expected of the medical profession, and this directly harms their patients, the doctor's surgery will have been negligent.
In the mid 1990s the concept of a ‘gratuitous care’ award was developed by the High Court.  Basically, if you can’t look after yourself or your house (or in some cases your children) because of your injuries, then you can claim the cost of a commercial carer or cleaner even though your family is doing the tasks you can’t do.  For a while this was a very lucrative area of damages but now there are laws that place both a threshold and a cap on what you can claim.  Put simply, you aren’t entitled to any gratuitous care award unless you need at least 6 hours of assistance per week for at least 6 continuous months and the hourly rate of any award is capped at the Average Weekly Earnings hourly rate.  You should be careful, however, not to confuse gratuitous care with commercial care, which is a different claim for damages entirely and which is not the subject of thresholds or caps.
Once the claimant has satisfied the pre-suit investigation and notice requirements, the claimant may be able to file a medical malpractice lawsuit in the Florida court system. In order to prevail in a medical negligence case against a doctor, the claimant has the burden of proof. This burden may be difficult to meet, given that there is often a presumption that the doctor acted reasonably and properly under the circumstances.
In a personal injury trial in Florida you can ask the jury to compensate you for non-economic damages, which include damages as the result of any bodily injury sustained by Plaintiff and any resulting pain and suffering disability or physical impairment, disfigurement, mental anguish, inconvenience or loss of capacity for the enjoyment of life experienced in the past or to be experienced in the future. (Florida Standard Jury Instruction, See 501.2).
Medical malpractice among doctors is a serious issue nationwide. If you have been injured as a result of a serious medical mistake, you should seek legal consultation to discuss filing a medical malpractice claim against your doctor. Proving medical malpractice is not always easy and often requires the expert testimony of another health care provider, who must testify that medical negligence occurred in your case.

Our dedicated team of experienced attorneys bring years of successful litigation and courtroom experience to offer a fresh outlook for all your legal matters. Regardless of the complexity of your situation, our team can provide you with a thorough evaluation of your case and current legal standing. To request additional information regarding our services, please reach out to our offices at your earliest convenience by calling 866-640-7560.
Damages for pain and suffering, including mental anguish, date back to Roman delicts, which is equivalent to today's tort system. The basic Roman delicts were iniuria (injury to person) and damnum iniuria datum (damage to property, including slaves). Under iniuria, the wronged party had to show that the tortfeasor acted willfully and intentionally to recover damages. The action was based on the plaintiff's "sense of outrage" and not on actual economic loss. Therefore the plaintiff could be compensated for "pain or distress of mind or body" in addition to any pecuniary damages. Whereas iniuria required a showing of ill will, damnum iniuria datum only required a showing of negligence. Eventually, Roman law evolved into only compensating for pain and suffering where the tort was intentional and only providing pecuniary damages in the sole case of negligence.

No matter your jurisdiction, medical malpractice claims and lawsuits are primarily about one thing: accountability. People trust that doctors will take care of them and make their condition better in a patient’s hour of need. When doctors fail in that responsibility, they must be held accountable for the negligent actions they took – as well as for the actions that they failed to take under the circumstances.
Chris Archer, the chief executive of South African Private Practitioners Forum, says it is fashionable for health practitioners to blame lawyers for the increase in malpractice cases, but the working conditions of many health professionals also play a role. “Many health professionals work in solo practices or small partnerships without professional support or routine peer review. There is limited use of protocols and guidelines and little to no teamwork among private practitioners,” he says.
Providing a range can also be beneficial in allowing the jury to make the determination as to what the final number will be. Your attorney can then ask the jury, “what is missing out on an activity you loved to do with your spouse worth weekly? $5? $25? $100?” If that person is 40 years old at the time of the crash and is expected to live another 42 years, the price for that loss over a lifetime ranges from $10,920 to $218,400. Presenting multiple stories from different witnesses demonstrating the extent of your pain and suffering damages and including a monetary range for each will allow the jury a viable opportunity to compensate you for that loss.
Properly illustrating your pain and suffering damages at trial for the jury to understand is essential in order to be adequately compensated for your injuries. As stated above, while juries may have a relatively easy time determining the amount of compensation for economic damages because those are numbers can be seen reflected in medical bills and documented lost wages, they often struggle with placing a monetary value on someone’s pain and suffering because these are admittedly abstract concepts.

After you have done everything else, you should also meet with your doctor or the hospital officials. Even if you are not going to bring a medical malpractice case, you should try to negotiate with them one-on-one to see if they will waive some of your medical bills or compensate you in some way. You should bring an attorney with you if possible, but always remember that you should never sign any kind of legal document or waiver without an attorney looking it over first.
In order to have a malpractice claim, your medical professional must have acted negligently. This is to say that your doctor failed to treat you with a standard of care. A standard of care is the agreed upon method or methods employed by medical providers in the given geographic area for a condition or illness. This standard changes depending on a number of factors, including the age of the patient and the condition being treated.
If a personal injury claim was always as simple as only having special damages, things would be more clear cut. However, a personal injury claim almost never ends at special damages. Oftentimes, an injured person also suffers non-monetary damages that one cannot easily place a price on. This is the problem with pain and suffering claims, and thus the need for a way to calculate a number that is fair for the insurance company and the injured victim and family.

You may also have suffered financial loss as a result of your GP’s negligence if, for example, the time you have been required to take off work because of your injuries or illness has been prolonged due to the negligent act or omission of your GP. Suing your doctor may seem like a daunting prospect but it does not need to be with 1st Claims. We will support you every step of the way.

In conclusion, my answer to your question would be, you can approach the Consumer Forum, where you don’t have to pay any Court Fee on your claim, and you may win the case with substantial evidence on your side. For the degree of evidence that is required to win a claim of Medical Negligence see the explanation above. Whether you have winning stuff in your case or not, can be best diagnosed by a independent, equally qualified Doctor, and not a lawyer. Approach a doctor first, and then with his opinion, approach a lawyer or directly the Consumer Forum of your district.
I have been seen about 6 times for UTI ( bladder infection) Each time all my symptoms have been the same, but three days later (after they treat me for the bladder infection) the culture comes back negative. Finally today they said it could possibly be Bladder Cancer. I have had all the symptoms of bladder cancer and no body has ever taken the time to test me. So in all can i sue for them not looking more into this throughout the past two years when all these problems started happening? Since it could be cancer, and it could be too far along to treat.
Our son's case was a good example. There were many instances of error, but because he was single we couldn't bring case because there was no “pain or suffering” allowed for parents of adult children over the age of 25. I did call many attorneys and mostly was asked how old he was and if he was married. Then I got a rejection letter. The solution is very simple. Be honest when errors take place, and compensate victims fairly, then peace will come a lot sooner for everyone, including doctors.
Our son's case was a good example. There were many instances of error, but because he was single we couldn't bring case because there was no “pain or suffering” allowed for parents of adult children over the age of 25. I did call many attorneys and mostly was asked how old he was and if he was married. Then I got a rejection letter. The solution is very simple. Be honest when errors take place, and compensate victims fairly, then peace will come a lot sooner for everyone, including doctors.
First, you must show that the health care provider acted negligently. Medical negligence occurs when a professional violates the standard of care. The standard of care is the professionally accepted method for treating a specific disorder. This standard varies depending on a number of factors including the patient's age, overall health, and specific disorder, as well as geographic location.
I was told that I had asthma and was put on inhalers for my asthma I continue to get weak and tired and shortness of breath and decided to go back to the Doctor Who then gave me a chest x-ray and put me on more inhalers and told me that he sure it's just I have asthma, I continue taking the inhaler but never getting any better for about a month and there was no improvements, I decided to give Dr. one more chance and hopefully he would see something different because now I was experiencing gurgling in my chest he shored me that there was nothing wrong and that I didn't have pneumonia it was asthma , that same night I woke up where I could not breathe and had to be rushed to the emergency room where they are I found out I had fluid on my heart as well as in my lungs and was rushed to a hospital that specialize in congestive heart failure. I was then told by the doctors at the hospital that not only did I have congestive heart failure the left side of my heart is very weak and is only pumping at 10% and should be 60% . I know that if I had gone a couple more days using a inhaler for asthma then I did not have I would not be alive today is this a case of misdiagnos
After you have done everything else, you should also meet with your doctor or the hospital officials. Even if you are not going to bring a medical malpractice case, you should try to negotiate with them one-on-one to see if they will waive some of your medical bills or compensate you in some way. You should bring an attorney with you if possible, but always remember that you should never sign any kind of legal document or waiver without an attorney looking it over first.
A misdiagnosis or delayed diagnosis itself is not evidence of negligence. Skillful doctors can and do make diagnostic errors even when using reasonable care. The key is determining whether the doctor acted competently, which involves an evaluation of what the doctor did and did not do in arriving at a diagnosis. This means looking at the "differential diagnosis" method the doctor used in making treatment determinations.

7. Hospitals are afraid of this investigation: If a violation of the statute is alleged, the federal government comes into the medical facility and investigates not just the claimed violation, but any violation of any type from the statute. This gives the plaintiff lawyer great leverage with the hospital to settle both the state malpractice and federal EMTALA claims quickly and quietly.
95. In our considered view, the aforementioned principles must be kept in view while deciding the cases of medical negligence. We should not be understood to have held that doctors can never be prosecuted for medical negligence. As long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence. It is imperative that the doctors must be able to perform their professional duties with free mind.
When you’re faced with any kind of legal action, the decision to hire an attorney or go it alone and represent yourself is one that should be weighed very carefully. In particular, you might focus on two key questions: What is at stake? And how complex is the legal territory? Let’s look at both of those questions in the context of a medical malpractice case.
In the example above, emotional stress would include the plaintiff’s embarrassment or depression as a result of disfigurement. Likewise, the plaintiff would be compensated if the jury finds that the plaintiff has suffered a permanent loss of function or impairment from the jaw bone injury. The jury would also be permitted to consider the loss of ability of enjoy life’s pleasures such as eating or even kissing. Note that this requires proof of what the plaintiff did and what they enjoyed before the injury. A jury can also consider the expected length of the plaintiff’s life, lifestyle habits, and whether the plaintiff was generally healthy before the incident to determine how much to award.
The biggest hurdle for patients to get over in bringing a claim is a law that sets up a defence for all professionals accused of negligence.  It says that if the professional acted in a way that was widely accepted in Australia by that professional’s peers as competent professional practice then the professional is not liable.  Note that ‘widely accepted’ does not necessarily mean that the majority of professionals have to agree to the practice.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Consult with a licensed attorney in your state before relying on any information found on this site. If you are currently represented by an attorney, you should strictly abide by his/her counsel.
(2) Negligence in the context of the medical profession necessarily calls for a treatment with a difference. To infer rashness or negligence on the part of a professional, in particular a doctor, additional considerations apply. A case of occupational negligence is different from one of professional negligence. A simple lack of care, an error of judgment or an accident, is not proof of negligence on the part of a medical professional. So long as a doctor follows a practice acceptable to the medical profession of that day, he cannot be held liable for negligence merely because a better alternative course or method of treatment was also available or simply because a more skilled doctor would not have chosen to follow or resort to that practice or procedure which the accused followed. When it comes to the failure of taking precautions, what has to be seen is whether those precautions were taken which the ordinary experience of men has found to be sufficient; a failure to use special or extraordinary precautions which might have prevented the particular happening cannot be the standard for judging the alleged negligence. So also, the standard of care, while assessing the practice as adopted, is judged in the light of knowledge available at the time of the incident, and not at the date of trial. Similarly, when the charge of negligence arises out of failure to use some particular equipment, the charge would fail if the equipment was not generally available at that particular time (that is, the time of the incident) at which it is suggested it should have been used.
First, and perhaps of greatest interest to U.S. citizens, when a doctor commits malpractice overseas, in most instances it will not be possible to obtain jurisdiction to sue the doctor in an Oregon court. There may be rare circumstances in which a doctor has the contacts with an American jurisdiction required to sue here, but that will be the rare exception. Moreover, even if a patient obtains a judgment in the United States, it may be very difficult to enforce the judgment in a foreign country. Ultimately, a malpractice victim will likely be faced with pursuing a claim abroad.
I think this is absolutely the right decision. As $15 million sounds like a lot of money, because it really is, this patient and her family are completely changed now. Her life might end because of the doctor’s negligence. There is no price for human life; no amount of money can possibility bring a life back. That is why the large award is to pay for all of her treatment, medical bills, and anything else that can help to rectify the mistakes by her doctor. This also serves as a deterrent to her doctor and radiologist and others as well to make sure they properly do their job and, when in doubt, as for a second opinion.
The loser of a lawsuit has to pay some of the successful party’s legal fees. So patients who are already struggling financially because of a medical error may be reluctant to take on the financial risk, says Susan McIver, author of After the Error. “It’s a real David-and-Goliath situation … Plaintiffs risk losing their homes and life savings when going up against an organization with deep pockets filled to a significant extent by taxpayers’ money.”

If the injured patient is able to prove – through qualified expert testimony – that the doctor committed an act of medical negligence, then the patient has satisfied the first step of proving a malpractice claim against the doctor. However, the injured patient must also be able to show that the doctor’s negligence resulted in certain injuries or damages.
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