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.
* Legal aid. Legal Aid SA, a state agency that provides legal advice to those who cannot afford it, takes on medical malpractice cases selectively, depending on merit. “Our mandate permits us to fund litigation of medical malpractice and we have certainly done so in the past,” Legal Aid spokesman Mpho Phasha says. “We favour those cases where there is greatest impact, those that affect communities or where a legal principle is at stake.”
More and more people in South Africa are taking their doctors and other healthcare professionals to court for medical malpractice – so much so that the increase in litigation is contributing to our high medical inflation. But you can’t take such action lightly: the legal process is fraught with pitfalls and can be very drawn out, and the costs can be high. You need to be sure of your case, and of all the hoops you’ll have to jump through, before pursuing a claim.
It should be noted that insurance companies are under no obligation to use the above methods when calculating pain and suffering. Many companies use complicated computer programs to decide how much should be offered for pain and suffering. These programs take into account all of the above factors and some others that most people wouldn’t think about.
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.

If the medical incident that injured you occurred at a hospital, such as with a botched surgery or a post-operative infection, then you must inform the hospital as well. This will launch an internal investigation into the incident. When you contact the hospital, you should also inform them that you want to be included in the investigation. They should contact you about providing your side of the story on the record. This can also help with later litigation as the hospital may uncover evidence during this investigation.

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).
2. Lawyer - choose a lawyer you feel happy and comfortable with. Of equal importance to this, ensure the lawyer you choose is specialised in medical negligence law. 1stClaims will be able to help you find the perfect lawyer for you, so get in touch with us today. They will be able to give to the legal support you need. You can do this on behalf of a family member if they are unable to do this on their own.

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.
Medical malpractice cases almost always require medical experts to testify about the proper standard of care that should have been provided under the circumstances. These are often physicians who practice within the same type of medicine that the physician defendant practices in. These individuals are usually tasked with the responsibility of explaining that the defendant deviated from the standard of care and that this deviation resulted in the patient suffering the harm alleged in the complaint.
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.
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Generally, it is in your best interest to hire an attorney if you can. An attorney will know how to navigate the legal system, will know the substantive considerations for your lawsuit, and will take a significant amount of work off of your plate. However, if you cannot afford an attorney or, for other reasons, absolutely must file and prosecute your lawsuit on your own it is possible. You can find additional resources to help you through this process throughout our site at HG.org.
Taking an active role in your own care can help you avoid being a victim of negligence in a fast passed emergency room. Answer all questions honestly and be clear about any past medical care including any medications, both prescription and over-the-counter that you are taking. Once discharged ask for a copy of the medical record and test results and have the attending doctor detail your treatment plan.

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However, the increasing inefficiency of the HPCSA has ensured that this is no longer the preferred route for potential litigants. The grave state of the organisation is now official; a task team appointed by the Minister of Health reported its findings in November 2015, describing the HPCSA as suffering from “multi-system organisational dysfunction”.

We have had multiple lawyers look at the case. All of them have told us that while they believe mistakes were made, it would cost too much to prosecute the case to be worth it. Since he was 25, single and childless, there are no financial losses; no one who was depending on his paycheck. All we really want is answers and assurances that something has been done within the hospital to prevent similar mistakes from occurring again.


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.

Calitz explains that to bring a successful medical malpractice claim, you need to prove that the treatment you received deviated from a particular “standard of care”, and that it was the deviation (which can be an act or omission) from this standard that resulted in harm. The “standard of care” is defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances.
98% of the population are not the “type of people to sue”. However, when you or your loved one has been injured through the negligence of another person, you have basic responsibilities to ensure that medical bills are paid, lost wages are recovered, future medical expenses are paid – and if there is a physical disability, you must ensure that you or your loved one is compensated for the dramatic change in your life.
3. Finally, hospitals with specialized capabilities or facilities (e.g., burn units, specialized cardiac care units) must accept transfer patients from other hospitals if the specialized hospital has the capacity to treat them. This provision of EMTALA stops reverse dumping, where specialized hospitals won’t take indigent patients from other hospitals.

A new, relatively untested issue involving medical professionals was introduced with the passing of the Consumer Protection Act in 2008. In the context of health care, the term “service” means work performed by a person for the direct or indirect benefit of another, including the provision of medical advice by a health professional. The Act thus widens the range of events for which you can claim compensation. It also enables you to seek compensation from manufacturers of medical products and devices in the event of their malfunction.
You can file a complaint with the College of Physicians and Surgeons of BC. There is no time limit for complaining to the College. And you can do this at the same time as you sue for malpractice and contact the police if you think you were assaulted. But the College cannot order a doctor to pay you money—only a court can do that. Script 423, called “Making a Complaint against Your Doctor” explains how to file a complaint. Contact the College through its website or call it at 604.733.7758 in Vancouver and 1.800.461.3008 elsewhere in BC.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Each case is different and past record is no assurance that the lawyers will be successful in reaching a favorable result in any future case. Snyder & Snyder is a law firm with lawyers licensed to practice law in Maryland and Washington, D.C. The attorneys at Snyder & Snyder can also be specially admitted in those states where they are not licensed to practice. The lawyers at Snyder & Snyder are medical malpractice trial lawyers, who concentrate their practice in the following fields: Maryland Birth Injury, Maryland Cerebral Palsy, Maryland Brain Injury, Maryland Spinal Cord Injury, D.C. Birth Injury, D.C. Cerebral Palsy, D.C. Brain Injury, D.C. Spinal Cord Injury. *Some verdicts may have been adjusted after trial.
Unfortunately, patients can die as a result of these “adverse events.” If your loved one is one of the 98,000 patients who die annually as a result of medical malpractice, then you still have to take steps. First, you should contact the local medical examiner to set up a forensic autopsy. Sometimes, they will do this on their own as there are specific local laws that may require such an autopsy. If they do not, however, you may have to pay for the autopsy yourself with an independent pathologist. Regardless, it is a good idea to have such a procedure performed along with accompanying toxicology tests to determine the cause of death and uncover any evidence of possible wrongdoing or malpractice.
On the other hand, you may have a great case if the treatment made your condition worse. For example, imagine that your doctor diagnoses you with high blood pressure when you're really just showing a temporarily high reading due to stress and pain. The blood pressure medication causes your blood pressure to fall too low and you end up in the intensive care unit for a week at the hospital.

To best gauge the pain and suffering you have experienced from your accident claim, keep a daily pain log and list the problems described above; this will help accurately describe your discomfort and maximize your injury settlement. For example, if you received injections, physical therapy, or had surgery, consider the enjoyment in your life before the accident, and then measure the toll on your life from stress and problems related to your injury and treatment.


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.

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.
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.
"Once an allegation is made that the patient was admitted in a particular hospital and evidence is produced to satisfy that he died because of lack of proper care and negligence, then the burden lies on the hospital to justify that there was no negligence on the part of the treating doctor or hospital. Therefore, in any case, the hospital is in a better position to disclose what care was taken or what medicine was administered to the patient. It is the duty of the hospital to satisfy that there was no lack of care or diligence. The hospitals are institutions, people expect better and efficient service, if the hospital fails to discharge their duties through their doctors, being employed on job basis or employed on contract basis, it is the hospital which has to justify and not impleading a particular doctor will not absolve the hospital of its responsibilities."
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).

But what do you think? I would love to hear from you! I welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com . You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.
Some of the most commonly misdiagnosed diseases are heart attacks and blood clots, infections or tumors. Misdiagnosis can delay treatment and can even be fatal. Mistakes are shockingly common when medication is administered, and surgical mistakes happen way too often. Sometimes doctors operate on the wrong body part, or on the wrong person entirely! The same formula above can be useful in trying to calculate the value of your medical malpractice case.
One of the rights that most patients are familiar with regarding medical care is privacy rights. While this protection of privacy is important, you also have the right to receive excellent medical care. If you think that you or your loved one’s patient rights have been violated by means of medical malpractice, a lawyer, like a personal injury lawyer Minneapolis MN trusts, may be able to file a lawsuit on your behalf.

With constant improvements in transportation technology, along with massive decreases in the cost of international travel, the old saying that “the world is getting smaller” is truer than ever before. The wealthy have long enjoyed the benefits of international travel, but now “average” Americans can easily travel, too. Moreover, companies like SpaceX and Boeing envision a future in which you can travel almost anywhere in the world in less than an hour.
If a doctor fails to make an accurate and timely diagnosis of a harmful medical condition, patients may pursue a legal remedy by filing a medical malpractice lawsuit. One key question in these kinds of cases is whether the doctor breached the applicable "medical standard of care" under the circumstances. In other words, would a similarly-trained doctor in the same medical community have spotted the health problem (or identified it within a shorter period of time)? In the sections that follow, we’ll discuss some common misdiagnosis scenarios, and illustrate how a medical malpractice case might proceed. 
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.
Loss of consortium refers to the impact the injury has had on the injured party’s ability to provide love, affection, companionship, or services. People often think that loss of consortium refers to the impact the injury has had on a married couple’s sexual relationship. But it’s broader than that. Many states now allow children and parents, in addition to spouses, to bring loss of consortium claims. Note that the person who would sue for loss of consortium is the spouse, parent or child of the person who was injured.

When it comes to lawsuits over misdiagnosis, plaintiffs need to follow the same steps for proving medical malpractice as in any other kind of case. It must be shown that, in failing to accurately diagnose a harmful health condition, the doctor failed to demonstrate the level of skill that a similarly-trained and experienced doctor would have shown under the circumstances.


In most cases, only the primary physician (your doctor) can be sued for misdiagnosis. In rare cases, other health care professionals may also be liable if their negligence caused or contributed to the patient’s harm -- including nurses, lab techs, and any specialists who may have seen the patient. The hospital or health care facility where the doctor practices usually cannot be sued for harm caused by misdiagnosis. That’s because most doctors are independent contractors, not employees of the hospital, so the facility can’t be held legally responsible for the doctor’s negligence.      
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.”
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.
You can also recover damages for physical pain and suffering, mental and emotional suffering, inconvenience, disfigurement, loss of enjoyment of life and "loss of consortium" (the loss of company/love/relations with your spouse). Many states have set limits on the amount of damages available to injured patients in medical malpractice cases. So, pain and suffering for the same injury may be in the millions in Illinois, but will be $250,000 or less in a state that limits pain and suffering damages to $250,000.
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.
But it doesn’t get much more complex than a medical malpractice case. You’ll need to prove complicated legal and medical issues like the applicable medical standard of care that the doctor should have complied with in your case, and you’ll need to be prepared to refute the other side when they come to the table with their own medical evidence. What’s more, many states require medical malpractice plaintiffs to jump through certain procedural hoops at various points in the case.
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The manner in which medical malpractice is addressed in countries around the world varies widely. For example, many countries do not permit jury trials. In these locations, judges or administrators may make the final decision. Moreover, malpractice awards, even when they are given, are often much lower than amounts received in the United States, giving rise to the argument that injured patients may not be fully compensated for their losses in overseas jurisdictions. Plus, there are logistical difficulties. A foreign lawsuit necessitates retention of a foreign attorney and physical presence in the foreign country for legal proceedings. Importantly, many foreign countries do not permit attorneys to take cases on a contingency fee basis.
In the context of the doctor-patient relationship, proving the necessary elements of an emotional distress claim can be difficult. Plaintiffs may need medical evidence, from psychologists or orthopedists, of emotional or physical injuries -- the more intense the mental anguish and the longer the suffering, the more likely you'll be able to prove emotional distress. And the more extreme or outrageous the underlying conduct, the more likely you'll be able to link your distress to that conduct.
3. Expect that the case will be quick and cheap. Although experienced lawyers will take on viable cases on a “contingency basis”, you will likely be expected to front the costs of initial medical opinion(s) and record gathering. Be prepared for no less than $5,000 and as much as $15,000 to get started. If the investigation is favourable, most lawyers will pay the freight from this point to the end of the case.
98% of the population are not the “type of people to sue”. However, when you or your loved one has been injured through the negligence of another person, you have basic responsibilities to ensure that medical bills are paid, lost wages are recovered, future medical expenses are paid – and if there is a physical disability, you must ensure that you or your loved one is compensated for the dramatic change in your life.
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