One number represents the most the insurer will pay for one claimant, and the other number represents the maximum the insurer will pay in total, regardless of the number of claimants involved. This second number would come into play if there were injured passengers involved. You probably have seen split limits before, they most often look like: 50/100 or $50,000/$100,000.
Previously, a New York appeals court had also ruled that a couple was allowed to sue a fertility clinic for emotional distress after the clinic implanted the female plaintiff’s embryo in another woman, and although neither of the plaintiffs suffered physical injuries, the appeals court ruled that the couple had suffered substantial emotional injury due to the defendants’ breach of their duty of care.   

I attempted to get recompense for my elderly mother after medical neglect that resulted in her losing her ability to walk, additional surgeries, and months of pain. I had no idea WHY the lawyers I contacted didn't even want to listen to the details. Now I know, and am disheartened to learn the reason for their disinterest. I've never sued anybody, am not one of those people who would sue when I dump coffee in my lap. But when one has a legitimate reason and legitimate damages, it's horrendous that our legal system provides no avenue of recompense for actual damage that is life altering.

I have been seen about 6 times for UTI ( bladder infection) Each time all my symptoms have been the same, but three days later (after they treat me for the bladder infection) the culture comes back negative. Finally today they said it could possibly be Bladder Cancer. I have had all the symptoms of bladder cancer and no body has ever taken the time to test me. So in all can i sue for them not looking more into this throughout the past two years when all these problems started happening? Since it could be cancer, and it could be too far along to treat.


My ex husband and I have been divorced for 5 years now. He has primary physical care during the school year and I have primart during the Summer. Ever sense the divorce he has made my life a living nightmare if he doesnt like something or if its not what he wants. In results to all of this through out the year made me have suffer from depression. What can I do?
“There are no easy answers, but there are a number of practical steps that can bring stability to an ailing industry,” he says. “In my view, mediation is one of the best options we have available to us and it should be promoted and embraced (by plaintiffs and defendants) more widely. Mediation is inherently a process of reconciliation as opposed to litigation, which is adversarial (and unpleasant).
Examples of medical malpractice involving doctors include making surgical mistakes, leaving medical instruments inside the body during a procedure, cutting tissue in error, interpreting test and lab results incorrectly, resulting in the wrong diagnosis, or treating a condition inappropriately. Examples of malpractice involving nurses include failing to communicate new symptoms to doctors, administering the wrong type or dose of medication and failing to use equipment correctly.
Although this may sound like “tough love”, if you feel that you need or want to bring suit against your doctor because he or she injured you or a loved one, and your family or friends are giving your grief about it, maybe it’s time to think about whether they really have your best interests at heart. If bringing suit is something you feel that you need to do to pay for lost wages, medical bills, pain and suffering, or just to regain some sense of control over the situation, your good friends and family will eventually come to understand and stick by your side.

There are no guidelines for determining the value of a malpractice victim’s pain and suffering. A jury cannot look at a chart to figure out how much to award for pain and suffering. In most states, judges simply instruct juries to use their good sense, background, and experience in determining what would be a fair and reasonable figure to compensate for the plaintiff’s pain and suffering. Because juries are given so little guidance about how to calculate damages for pain and suffering, awards of pain and suffering damages can vary widely among plaintiffs with similar injuries.
Chris Archer, the chief executive of South African Private Practitioners Forum, says it is fashionable for health practitioners to blame lawyers for the increase in malpractice cases, but the working conditions of many health professionals also play a role. “Many health professionals work in solo practices or small partnerships without professional support or routine peer review. There is limited use of protocols and guidelines and little to no teamwork among private practitioners,” he says.
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.

Emotional distress is a type of claim of damages for injury due to either the intentional acts or negligence of another. Severe emotional distress refers to any form of disabling mental or emotional condition, including neurosis, chronic depression, psychosis or phobia, which may be recognized and diagnosed by the proper medical professionals. Temporary anxiety or fright, regret, or disappointment, on the other hand, is not considered severe emotional distress.
For example, insurance companies will most likely consider injuries treated by a doctor or specialist to be more serious than injuries treated by a chiropractor. Insurance companies will also do their own reasoning to negate some of the most concrete concepts, like the length of treatment. If they think you didn’t need to your doctor for that last appointment, they will not include that time in the pain and suffering calculation.

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.
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.
Loss of wages is capped at three times the Average Weekly Earnings published by the Australian Bureau of Statistics.  Most injured people are not caught by this provision as it requires a gross salary of more than $140,000.00.  Claims for lost superannuation entitlements are only allowed at the compulsory employer contribution rate (currently 9% of your salary).
In July 2003, Toney delivered a boy with profound deformities, including partial arms and legs. Toney sued Dr. Goyal and Chester County Hospital in 2005 for negligent infliction of emotional distress, alleging that Dr. Goyal did not prepare her for the shock of witnessing the birth. Toney said she experiences ongoing grief, rage, nightmares, nausea, hysteria and insomnia. The lawsuit did not include a medical negligence claim.
If you have been  harmed due to a healthcare provider failing to diagnose a medical condition, or misdiagnosing one, you may be considering the question – “can I sue a doctor for misdiagnosis?” The short answer to this question is “maybe”.  To provide an accurate answer, it is necessary to take a more in-depth look at the facts surrounding your situation.
I think one of the reasons people end up being channelled into the clutches of ambulance-chasing lawyers is the often bewildering NHS complaints system, at times a frustratingly slow and impersonal process. But in almost all cases, you can air grievances, and resolve disputes, quickly, with the minimum amount of fuss, without paying a penny – and here’s how...
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 about a month ago, I called my Doctor office, about an issue I was having, he gave me an antibiotic, but never ran any test to determine my problem. I was having the same problem about a week after, I called again. I was given another antibiotic, and finally he ran a urine test to determine if I had a UTI. It came back ok, he still had me on an antibiotic. I then got worse and I had to go to the ER, and get treated, I then called my Doctor the Monday after, and was seen in office, he looked at me real quick, pushed me out the office and just said I had a STD, and treated me for it with 2 more types of antibiotics he did not run any test to determine if I had an STD,. He made me believe that I had a disease and I felt so low and scared and angry. I have since wrote a letter to my Dr, asking for him to see me and please address my issues in detail with me. He has refused and has decided to drop me as a patient and told me to see a new Doctor. I read where in Pennsylvania you can sue a Doctor for emotional distress, is that true can I sue my Doctor for emotional distress?


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.
Is our situation unique? According to the MPS report, in the United States there have been two waves of legal reforms prompted by medical malpractice claims: one in the mid-80s and another in the early 2000s. Reforms were driven by an increase in insurance premiums and concerns about access to health care. Since 2000, 29 states in the US have introduced limitations on damages; some limit both “economic” and “general” damages (compensation for pain and suffering), while others cap only general damages.
A about a month ago, I called my Doctor office, about an issue I was having, he gave me an antibiotic, but never ran any test to determine my problem. I was having the same problem about a week after, I called again. I was given another antibiotic, and finally he ran a urine test to determine if I had a UTI. It came back ok, he still had me on an antibiotic. I then got worse and I had to go to the ER, and get treated, I then called my Doctor the Monday after, and was seen in office, he looked at me real quick, pushed me out the office and just said I had a STD, and treated me for it with 2 more types of antibiotics he did not run any test to determine if I had an STD,. He made me believe that I had a disease and I felt so low and scared and angry. I have since wrote a letter to my Dr, asking for him to see me and please address my issues in detail with me. He has refused and has decided to drop me as a patient and told me to see a new Doctor. I read where in Pennsylvania you can sue a Doctor for emotional distress, is that true can I sue my Doctor for 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.
Since the law in Tennessee leaves room for a judge or jury’s interpretation of what might constitute emotional stress, it is important for an attorney to help you gather the right evidence or expert testimony to make a persuasive case. An attorney with the Law Offices of Ogle, Elrod & Baril, PLLC can help. Call 865-546-1111 today to arrange a free consultation.
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.
Every doctor and nurse has a legal duty to provide a good standard of care. If you feel they have fallen short, you can report them to their regulatory body. For doctors, this is the General Medical Council (gmc-uk.org), or the Nursing and Midwifery Council (nmc.org.uk) for nurses. These bodies can investigate serious mistakes in clinical care, dishonesty or abuse of position, but can’t make a doctor or nurse apologise to you, impose a fine or help you with a compensation claim.
Expert witnesses, copies of medical records, deposition and witness fees, medical exams -- all of these things cost money. And if you lose your case, you could very well be on the hook for thousands or tens of thousands of dollars in expenses - depending on your legal fee agreement. Is your case important enough to you that you feel the potential financial benefit outweighs the risk?
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