No. Someone leaving you does not meet the requirements for an emotional distress claim. Relationships ending - marriages included - are a normal part of life, distressing as it may be, and everyone has the right to leave a relationship they don't want to be in anymore, and no one has the right to keep someone in a relationship by force (in fact, it's the latter situation where one could potentially have a real claim for emotional distress charges, especially if there was abuse).
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.
In Florida, when someone is injured as a result of someone else’s negligence the Florida law provides that the injured party can ask a jury to compensate them for both economic and non-economic damages. Economic damages are those damages that are readily calculable—medical bills, lost wages, or anything with a set dollar amount. Economic damages are typically easily presentable to a jury. Jurors understand hard and fast numbers, like medical bills and lost wages, and are oftentimes readily willing to compensate an injury victim for these types of losses.
We certainly understand that some people have a great need for the cost savings available for medical treatment abroad. But it’s also important to consider the protections available in a foreign jurisdiction if something goes wrong. After all, our American legal system is built on the foundation that society is safeguarded when wrongdoers are held legally accountable for their actions. If you have questions about medical malpractice, please call the experienced lawyers at Nelson MacNeil Rayfield and we will be happy to answer them.
Putting a dollar amount on suffering is difficult for every party involved in a lawsuit. Some attorneys estimate pain and suffering damages using a formula based on the total of the other compensatory damages: compensatory damages x (a number from 3 - 10) – compensatory damages. The number you multiply by depends on the severity of the injury. For example, a minor injury would be a “3,” paralysis would be a “10.”
Mental anguish is an element of non-economic damages usually sought in personal injury cases, medical malpractice and sometimes defamation cases. Generally, "mental anguish" translates to certain types of suffering that may include distress, anxiety, fright, depression, grief, or trauma. In many jurisdictions, plaintiffs may recover for mental anguish; however, some states set compensation caps on non-economic damages.
Special medical malpractice review panels. Many states require the patient to first submit the claim to a malpractice review panel. This panel of experts will hear arguments, review evidence and expert testimony, and then decide whether malpractice has occurred. The panel decision does not replace an actual medical malpractice lawsuit, and the panel cannot award damages, but it's a hoop the patient must jump through before getting to court. The findings of the review panel can be presented in court, and courts often rely on a review panel's finding of no medical malpractice to throw out a case before it goes to trial.
One attorney wrote to us that my Dad’s age was above the average life expectancy, and therefore it “seriously reduces the damages likely to be awarded for loss of future life earnings. Certainly this does not excuse the poor care he received but this makes the case economically untenable as the expenses will likely eat up the majority of likely recoverable damages. We do not have punitive damages in Washington (state) that an outraged jury could award to punish the Dr. and Hospital for their callousness. For these reasons our firm does not wish to undertake this case.”
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.
In fact, filing a civil suit against your doctor does not even guarantee that he will be investigated. In order for your doctor to be investigated, a complaint would have to be filed against him with the New York State Department of Health. The Office of Professional Medical Conduct (“OPMC”) is responsible for investigating complaints about physicians, physician’s assistants, and specialist assistants. An investigation may lead to a formal hearing before a committee of the Board for Professional Medical Conduct.
Formal arbitration is a contractual alternative to a lawsuit or trial. In a formal arbitration situation, the parties contractually agree to allow a panel of attorneys (usually one plaintiff-oriented attorney, one defense-oriented attorney and one neutral) to hear their case and adjudicate it on the merits. Liberated from the evidentiary requirements of a formal lawsuit, parties are afforded the opportunity to save a considerable amount of money when compared to trial, while still being allowed to present their case. Formal arbitration is binding and should not be undertaken lightly. Courts are loath to overturn or otherwise alter decisions made by arbitration panels, particularly when the arbitration awards are reasonable in light of potential jury verdicts.
The doctor's negligence caused the injury. Because many malpractice cases involve patients that were already sick or injured, there is often a question of whether what the doctor did, negligent or not, actually caused the harm. For example, if a patient dies after treatment for lung cancer, and the doctor did do something negligent, it could be hard to prove that the doctor's negligence caused the death rather than the cancer. The patient must show that it is "more likely than not" that the doctor's incompetence directly caused the injury. Usually, the patient must have a medical expert testify that the doctor's negligence caused the injury.