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.
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.
Medical malpractice claims don't only cover errors in diagnosis and treatment. Once you've established a doctor-patient relationship, the doctor owes you a duty of care and treatment with the degree of skill, care, and diligence as possessed by, or expected of, a reasonably competent physician under the same or similar circumstances. Part of that duty of care is to be forthcoming with your diagnosis, treatment options and prognosis, as reasonably competent physicians would not lie to their patients.
Traffic tickets can affect your claim, and if the insurance company determined that you were partially at fault for the car accident, then the amount of settlement could be worth less. If you were not at fault and depending on your attorney’s negotiating skills, you might possibly get the full settlement. If the driver who caused the accident was driving under the influence, then he or she would need a criminal defense attorney, as they might be fully held liable for causing the car accident.
If you or a loved one have suffered from the negligent infliction of emotional distress, it is important to speak with a skilled personal injury attorney. Contact Arnold & Smith, PLLC today for a free consultation with one of our experienced personal injury attorneys about the merits of your case. Personal injury claims must be made within certain time periods of the injury or you lose the right to bring your claim, so time is of the essence in this area of law.
If you wish to discuss a negligence claim against a medical professional in Ontario, please contact us. The consultation meeting or telephone discussion will not cost you anything. A bit of free advice – any claim you intend to pursue must commence sooner than the two year anniversary of the treatment that you received from your medical health professional. There are exceptions. Don’t rely upon them.
Medical malpractice cases can be complex. It can sometimes take a medical expert to understand what really happened. Yet it is a jury of non-medical people who will decide whether you win or lose your malpractice case. Your lawyer and your medical expert witness must be able to present difficult medical issues to the jury in a way that is easily understandable and that makes common sense.
For medical malpractice cases, attorneys who represent the plaintiff (the patient who has been injured by medical negligence) usually do so on a "contingency" basis, which means the attorney’s payment comes as a set percentage of what the plaintiff ends up receiving after a settlement or a successful jury trial. If the plaintiff receives no payment or ends up losing at trial, the attorney is not paid. But before you sign a contingency agreement, check to see if you will be on the hook for things like filing fees and other costs.
In order to prove that the defendant's conduct was extreme and outrageous, the plaintiff must prove that the defendant's behavior was unacceptable and uncivilized behavior that a reasonable person in the plaintiff's position would believe the conduct was extreme and outrageous. Plaintiff's sensitivity is irrelevant since the standard is viewed objectively.
Most people are uncomfortable talking about their injuries. No one likes to be thought of as a whiner or complainer. I find that even my most severely injured clients are wary to openly discuss the full weight and burden that their injuries take on them. It’s understandable that if you have a scar from a surgery or accident that you may not like to discuss the fact that it makes you uncomfortable when strangers stare at it or friends or colleagues ask you what happened. Victims of injury do not often desire to sit and truly reflect on the extent that their injuries have had on their lives. Even so, little vignettes or stories illustrating how someone’s life was like before and then after an accident is crucial in demonstrating to the jury the magnitude of your loss.
In the civil law arena, one of the most complex and challenging types of claims is a case involving malpractice. Attorneys that represent clients in malpractice cases tend to be specialists with a significant amount of experience. With that said, perhaps you made the decision to pursue a malpractice claim with no lawyer. If that is the case, you must understand the basics of how to process a malpractice claim without legal assistance.
In conclusion, my answer to your question would be, you can approach the Consumer Forum, where you don’t have to pay any Court Fee on your claim, and you may win the case with substantial evidence on your side. For the degree of evidence that is required to win a claim of Medical Negligence see the explanation above. Whether you have winning stuff in your case or not, can be best diagnosed by a independent, equally qualified Doctor, and not a lawyer. Approach a doctor first, and then with his opinion, approach a lawyer or directly the Consumer Forum of your district.
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.
Figures released in September 2015 by the Democratic Alliance’s Gauteng shadow MEC for health and member of the provincial legislature, Jack Bloom, show that R540 million was paid out by the Gauteng Provincial Department of Health as compensation for medical malpractice between 2010 and September 2015. This is money that would otherwise have been used to provide health services, Bloom says.
How can you tell the difference between appropriate, but unsuccessful care and medical malpractice? Ask. Ask your doctor. Get second opinions if possible. Talk to lawyers, who may have medically trained staff that can give an informed opinion, or who may have dealt with the exact same issue (or doctor) you are dealing with. Do whatever you can to attempt to allay any misgivings you have about your care. But take any opinions with a grain of salt. Some doctors simply won’t accuse a “brother physician” of making a mistake. Some malpractice attorneys will exaggerate the potential of your claim in an attempt to make money. Use your best discretion when seeking opinions on your treatment, but be diligent in the pursuit of information. Until you file a lawsuit, you are your own best advocate and investigator.