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).
The keys are 1) establishing the medical standard of care, meaning the level of care that was appropriate under the circumstances, and 2) demonstrating how the defendant fell short of meeting that standard. And in almost all cases, you’ll need the help of a medical expert witness to help you establish these things. An experienced medical malpractice attorney will be part of a network of professionals -- doctors, consultants, medical experts who have served in a variety of cases, and other medical malpractice attorneys -- and will utilize this network to locate and hire the right medical expert for your case.
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.
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When deciding whether to file a medical malpractice claim, it's important to find out how much time you have to legally bring the claim. All civil claims, including medical malpractice cases, have time limits as to when they must be filed. These limits, called “statutes of limitations,” require you to file your claim within a certain time period from when the injury occurred, or risk waiving your rights to recover money for your injuries.
General damages refer to damages that are not specifically monetary, for example, damages for pain and suffering, loss of consortium, and emotional trauma. There is no tangible bills or receipts that state a specific dollar amount for pain and suffering or emotional damage, but they are still losses for which an injured person deserves compensation nonetheless.
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I’d advise instead to try mediation, a grossly underused method that is effective, less stressful and a hell of a lot cheaper than going to court. Mediation is a relatively new concept in the NHS and takes the form of an independent, voluntary and confidential meeting in which a trained neutral sits with patients and NHS staff to allow both sides to outline their position, and see if common ground can be established and if issues can be narrowed and an agreement reached.
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.
While such an idea once sounded like pure science fiction, it would present enormous opportunities in business, leisure, and medicine. Imagine, someone with a rare disease or medical condition could quickly travel anywhere in the world to obtain the best treatment option. In fact, this is already occurring, as people travel to numerous places for both medical and dental treatment. But, as we all know, sometimes medical treatment goes wrong, and this raises an interesting question. Can you sue doctors in other countries for medical malpractice?
The Dial-A-Law library is prepared by lawyers and gives practical information on many areas of law in British Columbia. Script 420 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral Service at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.
Most states have case law requiring courts to simultaneously treat those who represent themselves, known as pro se (pronounced “pro say”) litigants by the same standards as a minimally competent attorney. However, they are also usually required to give pro se litigants the benefit of the doubt. This strange double standard can lead to unusual and unpredictable results.
The terms negligence and malpractice are often used interchangeably. Strictly speaking, negligence is a failure to “exercise the care that a reasonably prudent person would exercise” in similar circumstances. Medical malpractice, according to Andre Calitz, the chief operating officer for personal injury law practice Joseph’s Incorporated in Johannesburg, is an evaluation of conduct measured against a standard of medical care established by the medical fraternity.
But lawyers may have to invest $50,000 or more to pursue a case, and they usually only get paid if they win or settle. The payout is determined largely by economic damages—lost earnings, medical bills, and future costs caused by the injury. Those who don't earn big paychecks—including children, the elderly, and stay-at-home-moms—are the least likely to find an attorney, studies show.
A doctor-patient relationship existed. You must show that you had a physician-patient relationship with the doctor you are suing -- this means you hired the doctor and the doctor agreed to be hired. For example, you can't sue a doctor you overheard giving advice at a cocktail party. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed. Questions of whether or not the relationship exists most frequently arise where a consulting physician did not treat you directly.