Not true! There are thousands of physicians sued successfully every year without ending in the loss of their licenses or practices. Although your doctor will have to spend some time defending the suit, throughout the process he will most likely still be able to see his patients and conduct his life as normal. Furthermore, after the conclusion of the suit, he will most likely go back to treating his patients – albeit, hopefully, more carefully this time.
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.”
Ways an accident has affected you can be very personal in nature. For instance, an injury victim may have been a member of a bowling league with her spouse for twenty years prior to an accident occurring. They bowled together every Thursday evening with their friends and this weekly ritual became a cornerstone of bonding in their marriage. Following the accident however, the injury victim suffered neck injuries that prevented her from being able to bowl. She begins to feel isolated from her spouse and her friends. Thursday evenings are now spent utilizing heating pads and taking prescription narcotics in attempts to alleviate the pain.
Suing a doctor for negligence requires much more than just filing a lawsuit in a Florida court. One of the prerequisites to filing a lawsuit against the doctor requires that you must first provide him or her with notice, indicating that you intend to file a lawsuit in the near future. A 90-day waiting period follows, during which the doctor may reject the claim outright, offer to settle the case, or ask to submit the case to arbitration.
Inconsistency in one’s complaints can be a sign that the injured person is making something up. If, for example, someone with a back injury tells Doctor A one day that he/she is having pain down the left leg, tells Doctor B another day that the pain is down the right leg, and tells physical therapist C another day that he/she has never had pain down either leg, that person is going to have a hard time convincing anyone that he/she is having pain anywhere.
Deliver the demand letter to the professional in question. Either hand carry the demand letter to the professional's office or send it to him via United States mail, return receipt requested. You will need evidence to demonstrate that the demand letter was received by the professional or that you made your best efforts to deliver the letter to him.
A good case in point is that of a Missouri teenager who went to the emergency room after a car accident. An infection was not diagnosed in time and led to permanent brain injury. The jury awarded the plaintiff close to 5 million dollars in damages. The young man now has permanent loss of motor skills and cognitive skills. The cost of his future medical expenses was a factor for the jury when deciding the award amount.