“This is a good step; it provides an avenue for potential litigants to engage with service providers they believe have been negligent. Such a process assumes the willingness of both parties to engage in good faith, and to compromise, if this is appropriate,” Dinnie says. “Where the matter at hand is relatively simple and perhaps the quantum of the possible award is not that significant, it provides a way forward. I am not sure how effective such an option would be in a more complex case where the stakes were higher, the possible longevity of the victim was in dispute and the quantum of the award was higher.”
It’s a scary proposition: You put your faith in the hands of a physician only to be injured or harmed in the process. The fact that it happens often is not calming in any way. For instance, a reported 98,000 patients die annually as a result of medical malpractice (http://www.medmalfacts.com/facts-and-myths/). Another study shows 134,000 Medicare patients each month have an “adverse event” where they are injured in some way by doctors or medical staff (http://www.reuters.com/article/2010/11/16/us-medicare-errors). Unfortunately, if you are harmed in some way by your physician, then you have certain steps that you absolutely must take if you want to get some form of justice or compensation. Here’s an idea of what you have to do if you are injured by your physician (http://www.propublica.org/article/what-to-do-if-youve-suffered-harm).
I fear misdiagnosis cases a lot. This is particularly because of the statute of limitations and its unforgiving nature in situations like this. Whereas there are exceptions in the statute of limitations for continuing treatment of that condition (which once misdiagnosed, that isn’t the case anymore) and the foreign object discover rule, in misdiagnosis cases these exceptions don’t work. More importantly, if a doctor misdiagnoses the condition, that mistake might not manifest itself until after the statute of limitations expires! Meaning, the patient cannot sue!
As this article has made clear, it’s not easy to come up with a clear number that accurately accommodates for pain and suffering. How inconvenient or awful one person may consider a life-long back injury is not the same as another person. Likewise, how you determine a dollar amount is even trickier since both pain and how it affects someone is extremely subjective.
3. Evidence - keep track of any evidence which could be relevant to your case. Keep detailed records of your appointments with your GP, together with records of any telephone consultations and referral appointments. Your solicitor will arrange to obtain and copy of your medical notes and x-rays. You will have to pass this information on to your lawyer and it will be a lot easier if you have it at hand. Keep any prescriptions, receipts from further treatments, notes of further treatment and a diary detailing the progression of your health issues. For example, if you fell ill with appendicitis and your GP failed to diagnose it, you should keep a note of the progression of your condition, if you are well enough to do so. All of this is not vital, but very helpful.  

A patient trying to prove misdiagnosis must show that a doctor in the same or similar specialty would not have misdiagnosed the illness or injury. The plaintiff will have to show that the doctor did not include the correct diagnosis on the list and that a competent doctor would have included it. Alternatively, the plaintiff must show that the doctor listed the correct diagnosis but did not perform the right tests to arrive at the correct diagnosis by the end of the differential diagnosis method.


Unfortunately, just because one of these things occurs does not mean you have a claim. Medicine is not an exact science, and the law does not obligate doctors to be error-free 100 percent of the time. If doctor error occurs but there is no breach of a standard of care, you may not have a strong claim. If however, doctor error occurs and there is a breach of a standard of care, then malpractice may have occurred.
Delayed diagnosis of cancer is one of the most common types of delayed diagnosis cases. Unfortunately, this occurs a lot more than it should. When considering suing their doctor for delayed diagnosis of cancer, plaintiffs must consider the fact that they already had cancer when the negligence occurred. It is this very pre-existing cancer which gives rise to the possibility of a case – the cancer was there to be diagnosed, and that opportunity was lost
Damages from pain and suffering are considered “general damages” and are distinguishable from “special damages.” Hospital bills, loss of income, and certain out of pocket expenses are examples of special damages because a plaintiff can provide a bill, receipt, or work contract to show the money that was lost or paid. Pain and suffering, on the other hand, is not quantifiable in a precise, mathematical way.
Under NO circumstances is your doctor allowed to leak, alter, or otherwise use your medical information against you in retaliation for filing a malpractice lawsuit. There are severe criminal, civil, and judicial penalties for taking such illegal actions. For engaging in an act such as altering your medical records, your doctor could face anywhere from criminal fraud charges to the loss of his medical license.
In 2015, a Michigan doctor pleaded guilty to purposefully misdiagnosing patients with cancer and treating patients with strong cancer drugs they did not need. He also pleaded guilty to Medicare fraud, receiving kickbacks, and money laundering. The doctor is currently serving a 45-year prison sentence. A misdiagnosis that leads a healthy person to believe he or she is sick is a nightmare. This extreme example does showcase patient vulnerability and the trust they put in attending physicians.
All articles and content provided in this website are for informational purposes only and are not intended to constitute legal advice. Neither the state bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability. Nevada Rules of Professional Conduct Rule 198 (2002).
Did the change in lifestyle trigger disturbing depression or anxiety? If you have never experienced depression before, many describe it as feeling despondent, as if a black cloud were hanging over your head. Sometimes, if the injury is taking a long time to heal, you may feel hopeless, that you will never get better. Examine the differences in your lifestyle to determine the negative impact of your personal injury.

Many people don’t bring a meritorious lawsuit against their doctor because of fear concerning family and friends. Only you can decide for yourself whether bringing a lawsuit against your physician is the right thing for you to do. Only you know the pain and suffering that you have endured – nobody else. Only you know the extent of your lost wages, medical bills, and injury.
(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.
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As this article suggests, there is not really a simple answer to whether someone can sue a doctor for misdiagnosis.  There are many variables in the world of healthcare, and every situation is unique.  With that said, as a patient, you do have certain legal rights when it comes to the care that you receive.  Further, you do not have to simply accept that an error occurred without asking questions or learning more about protecting yourself.

“Richard Jaffe is an attorney who has performed several small to moderately involved legal projects for me. I can say that I have never had an attorney as easy to work with, show attention to detail and my needs, as well as experience the results I was looking for. He is without hesitation my first line 'go to' lawyer for any need that arises. I endorse him enthusiastically.”

The most common kind of damage awards in medical malpractice lawsuits are compensatory. This is money paid for actual injury or loss. This includes medical and hospital bills, rehabilitation expenses, physical therapy, ambulance expenses, prescription drugs, nursing home care, domestic services,medical equipment, lost employment income, increased living expenses, and loss of future income. The latter is much more difficult to assess. If the doctor injured Bill Gates, the doctor will pay much more in compensation for lost earnings than if the injury was to someone who is poor or retired.


As there is no way to accurately quantify the value of a plaintiff's pain and suffering, juries are asked to use their best judgment in coming up with the amount of a pain and suffering award. Keep in mind, however, that some states have instituted damage caps that place an upper limit on the amount of pain and suffering damages that may be awarded.
The patient must also prove that the doctor's negligent misdiagnosis or delayed diagnosis caused the patient's injury or condition to progress beyond where it normally would have -- had the correct diagnose been made in a timely manner -- and that this progression had a negative impact upon treatment. For example, because of a delayed cancer diagnosis the patient had to undergo a more severe treatment regimen (such as chemotherapy) or the patient died because the cancer had metastasized and no longer responded to treatment. Sometimes a patient can show harm even if the condition can still be treated. For example, with some cancers a delay in treatment increases the risk of recurrence.
"The opinion upholding the judgment recognizes that although not every fiduciary relationship will give rise to a claim for damages, where the specific professional responsibility of an attending physician is to convey accurate information, then failure to do so can give rise to liability if the physician's breach results in unusual and extreme emotional distress on the part of the plaintiff," Raynes said in an email.
In a handful of states, the court sets (or at least can consider the reasonableness of) the percentage that a plaintiff’s medical malpractice lawyer can receive after a successful case. For example, in Arizona, either party may request that the court review the reasonableness of an attorney fee agreement in a medical malpractice case.   And in Tennessee, the court itself sets the amount that the attorney will receive, and the lawyer's "cut" may not exceed 33 and 1/3 percent.
To be able to file a medical negligence claim, you must ensure the statute of limitations (or time period in which you can file a claim) has not expired. The statute of limitations for medical negligence claims will vary from state to state, so it is important to consult with your attorney about how long you have to file your lawsuit. In most states, this window of time is about two years.

For example, your neighbor started a fire on purpose in your garage with the intent to kill you. If you started having panic attacks that led to fainting, you might have a case. In this type of situation, the physical injury is a direct result of emotional distress. But if an employer screams and makes threats at an employee, this might not count as outrageous conduct. Even if it's rude and insensitive, it might not count as emotional distress.[2]
"The really troubling thing about this case is that nothing could have been done to change the [baby's] condition," said Daniel Rovner, an attorney for Chester County Hospital, one of the defendants. "There was no treatment, nothing medically that could have been done. The bigger picture is that the plaintiff's bar is going to use this as an attempt to expand the law to explain emotional distress."
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.
“I was very fortunate to have Richard Jaffe of Law Office of Cohen & Jaffe, LLP, represent me in my case. Throughout the entire process, Rich was professional, always explaining every detail of my case. He was available whether it was through a phone call, text or email. Not only was Rich an extreme professional but he also kept it personal, not making me feel like a case number. I would highly recommend Richard Jaffe, his firm and all of his staff to anyone seeking diligent and professional results.”
Because emotional distress cannot be seen or objectively quantified, it may be harder to get money for this type of injury compared to, for example, a broken arm. In many cases, emotional distress is part of a harassment case, such as sexual harassment or another form of workplace harassment. A medical misdiagnosis may cause emotional distress, as well.
If you think you’ve been a victim of medical negligence at a hospital, you should speak to a lawyer as soon as possible. The statute of limitations, or the legal timeframe in which one can bring a medical negligence suit, begins once the injury is known or should have been known. The Florida statute of limitations for medical malpractice claims is generally 2 years-absent some exceptions that can extend the period up to 4 years or 8 years for infants.
Significantly, your attorney can only use these examples of loss to illustrate your injuries if you provide it to him or her. If your case is in litigation you will most likely sit for a deposition (your testimony given under oath before a court reporter who is taking down questions directed to you by the defense attorney and your responses). In preparing for your deposition, your attorney may ask you to explain how this accident has affected your life. Be ready to give real life examples so that your attorney can best advocate on your behalf.
As this article has made clear, it’s not easy to come up with a clear number that accurately accommodates for pain and suffering. How inconvenient or awful one person may consider a life-long back injury is not the same as another person. Likewise, how you determine a dollar amount is even trickier since both pain and how it affects someone is extremely subjective.

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.


Another potential cause of action is intentional infliction of emotional distress. This is based on a doctor’s outrageous conduct that intentionally or recklessly causes a patient to suffer severe emotional distress. This must be beyond a mere slight as it must be something that would outrage society. The common law tort required a physical manifestation of injury, but most jurisdictions no longer require this element. This cause of action has been successful in some cases in which patients recorded their doctors performing medical treatment while mocking and ridiculing the patient to a serious degree.

With the exception of a small minority of cases, the Florida medical malpractice statute of limitations is a hard and fast rule. Consequently, if you fail to file a claim or lawsuit for medical malpractice within the allotted time frame, you will be precluded from ever seeking monetary damages in your case. If you suspect that you sustained an injury or illness as a result of doctor negligence, you should contact the medical malpractice lawyers at Dolman Law Group as soon as possible.
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