Despite that fact that the Constitution promises you the right to health care, no one has successfully sued the State for the non-delivery or lack of health care. Several test cases have concluded that, despite the Constitution and the Patients’ Rights Charter, the government has no absolute obligation to provide access to health care. Instead, the government is required to “progressively realise its obligations” to its citizens. In practical terms, this means, for example, that a patient who needs dialysis and cannot be treated because of a lack of facilities cannot sue the State.

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.
A physical impact is not necessary for an emotional distress claim when there is a breach of fiduciary duty, the superior court said. Doctors have a legal and ethical responsibility to care for patients' well-being and, under the circumstances, it was reasonably foreseeable that Toney would endure emotional distress during the birth of her son, the court said.

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.
I was told that I had asthma and was put on inhalers for my asthma I continue to get weak and tired and shortness of breath and decided to go back to the Doctor Who then gave me a chest x-ray and put me on more inhalers and told me that he sure it's just I have asthma, I continue taking the inhaler but never getting any better for about a month and there was no improvements, I decided to give Dr. one more chance and hopefully he would see something different because now I was experiencing gurgling in my chest he shored me that there was nothing wrong and that I didn't have pneumonia it was asthma , that same night I woke up where I could not breathe and had to be rushed to the emergency room where they are I found out I had fluid on my heart as well as in my lungs and was rushed to a hospital that specialize in congestive heart failure. I was then told by the doctors at the hospital that not only did I have congestive heart failure the left side of my heart is very weak and is only pumping at 10% and should be 60% . I know that if I had gone a couple more days using a inhaler for asthma then I did not have I would not be alive today is this a case of misdiagnos
Formal arbitration is a contractual alternative to a lawsuit or trial. In a formal arbitration situation, the parties contractually agree to allow a panel of attorneys (usually one plaintiff-oriented attorney, one defense-oriented attorney and one neutral) to hear their case and adjudicate it on the merits. Liberated from the evidentiary requirements of a formal lawsuit, parties are afforded the opportunity to save a considerable amount of money when compared to trial, while still being allowed to present their case. Formal arbitration is binding and should not be undertaken lightly. Courts are loath to overturn or otherwise alter decisions made by arbitration panels, particularly when the arbitration awards are reasonable in light of potential jury verdicts.
If you have been the victim of medical malpractice, you may wish to file a formal claim with the offending doctor’s insurance company. Certainly, the doctor may be unwilling to provide you with insurance information, or you may require the assistance of an attorney to make a claim, but in some jurisdictions (particularly those without damage caps) you may find that an insurance company is willing to negotiate a settlement prior to a formal suit being filed. The expense and potential fallout of a formal, public lawsuit is a risk insurance companies are often unwilling to take.
One of the most common reasons that a physician may be accused of medical malpractice is due to the failure to diagnose. This is premised on the idea that the patient needlessly suffered for an extended period of time because the doctor failed to properly evaluate tests or run tests that should have reasonably notified him or her of the potential diagnosis. Other examples of medical malpractice include misdiagnosing a medical condition, failing to provide appropriate treatment, causing an unreasonable delay in treating a diagnosed condition, violating HIPAA laws, performing wrong-site surgery and performing surgery on the wrong patient.
Finding a qualified medical malpractice attorney can mean the difference between receiving compensation for your injuries and walking away empty-handed. An experienced attorney will be able to discuss the strengths and weaknesses of your case and advise you on a course of action moving forward. Begin by using FindLaw's attorney directory to contact a medical malpractice attorney today.
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.
A patient bringing a failure to misdiagnose case must prove that there was a doctor-patient relationship, that the doctor failed to live up to the standard of care in diagnosing the patient's condition, and that the doctor's failure to diagnose or misdiagnosis actually and proximately caused an actual injury. Most often, failure to diagnose cases involve disputes related to the applicable standard of care and whether the doctor's failure to diagnose caused the plaintiff's injury.
It is usually the case that a visit to our doctor will be enough to receive the medical advice required to send us away on the road to recovery without any further intervention being required. However, on occasion, GPs act negligently which results in complications being suffered by the patient. This may lead to further treatment or surgery which would have been unnecessary but for the GP’s negligence.
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.

Despite that fact that the Constitution promises you the right to health care, no one has successfully sued the State for the non-delivery or lack of health care. Several test cases have concluded that, despite the Constitution and the Patients’ Rights Charter, the government has no absolute obligation to provide access to health care. Instead, the government is required to “progressively realise its obligations” to its citizens. In practical terms, this means, for example, that a patient who needs dialysis and cannot be treated because of a lack of facilities cannot sue the State.

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.

Most people are able to get to at least second base with a failure to warn claim.  Fewer are able to prove that the doctor simply did not talk to them about that particular risk, although there are cases where a patient’s word has been accepted over a doctor’s insistence that a warning was given.  Getting copies of the doctor’s medical notes can help with this element.


When it comes to determining the extent of physical pain, there are no computer programs to rely on. Each of us experiences pain differently. Even with today’s advanced medical technology, the best method doctors have for measuring a patient’s pain is a self-rated pain scale. This is when a doctor asks, “On a scale of 1 to 10, how would you rate your pain?”
So, the best thing you can do if you think you have a good case against a hospital is to be a good client. Before you meet with a lawyer, make sure you know as much of the story as possible. How was your life before the medical negligence occurred? How was it after? Do you have any medical records from the hospital where you were harmed? You may not be asked for them at the initial meeting, but keep in mind that the lawyer may need your medical records to determine if there is medical negligence and if so, if suing the hospital would likely result in a trial verdict or settlement.
The personality of the plaintiff, their witnesses and overall effect of the injuries which befell the victim plaintiff will play a powerful role in any damage award if damages are even awarded once liability issues are satisfied. The power and personality of the lawyer representing her or his client also may factor into a high money damage award case.
If a doctor fails to provide proper medical care, a person can sue them for medical malpractice. At the same time, the person can also complain to the College of Physicians and Surgeons of BC, the body that licenses all BC doctors, enforces standards for them, and handles complaints against them. 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.
Fortunately for you, you took matters into your own hands and went to the ER and got the proper diagnosis. While the doctor was wrong to mistake congestive heart failure for asthma, the inhalers he prescribed did not cause your congestive heart failure or the your left heart failure. Unless the doctor was in a position to have diagnosed and mitigated the congestive heart failure, you may not have a medical malpractice case. But all anyone can do on this forum is speculate based upon a few lines of information. Gather your medical record and consult local counsel for further clarity.
* Contingency fee model. An alternative to the fee-for-service model, where the injured party takes all the risk, is the contingency fee model. This option, provided for by the Contingency Fees Act of 1997, offers a mechanism for people with insufficient funds to access the courts if they have a good case. Under the terms and conditions of the agreement, lawyers provide their services on a “no win, no fee” basis. If the case is successful, the lawyers are entitled to double their fees to a maximum of 25 percent of the settlement, whichever is lower.
In addition to damages that are awarded to the injured patient, the patient’s family may recover compensation for loss of care, companionship, love and affection. If the medical malpractice victim dies, family members may be compensated for their wrongful death. Wrongful death damages may include medical and burial expenses, loss of income, emotional suffering, and loss of the deceased patient’s companionship and affection.
Apart from money damages awarded in trial, money damages are also given informally outside the judicial system in mediations, arbitration (both of which may be court annexed or non litigated claims) as well as in routine insurance settlements. Individual claimants or those represented by lawyers often present demands to insurers to settle for money. These demand for bodily injury compensation monies often set out damages that are similarly used in the court litigated pleadings. Demands are usually written summaries of a claimant's medical care and the facts which resulted in the injury.
How is emotional distress defined in the eyes of the law? In most cases, you can only sue for emotional damages if the incident in question physically harmed you. Emotional distress suits are trickier than other types of lawsuits. It’s important to have a solid understanding of the types of emotional distress claims before you attempt to file a lawsuit.

It is usually the case that a visit to our doctor will be enough to receive the medical advice required to send us away on the road to recovery without any further intervention being required. However, on occasion, GPs act negligently which results in complications being suffered by the patient. This may lead to further treatment or surgery which would have been unnecessary but for the GP’s negligence.
For example, a man goes to the hospital for a routine hernia repair but still has pain and a burning sensation at the the incision site, long after it has healed. He’s unable to eat and suffers from severe abdominal pain, but no amount of medicine or antibiotics helps. A year later, the man is in such pain that he goes to the emergency room, he tells the emergency room doctor about the pain, the futility of the antibiotics, and how this all occurred shortly after his hernia surgery. The doctor orders an x-ray which shows that a piece of surgical gauze was left in the man’s abdomen from his hernia surgery. When it was removed, it was black with mold, which is why the antibiotics didn’t work.
Thank you for your response. I guess what it comes down to if I want to see any money out of this is to first spend the money at a doctor (as I mentioned I hate hospitals, and E.R services are the only ones who bill you after the fact.) I just don't understand why one would have to pay a professional to examine something and tell me what I already know, that no bones were broken and I'll just be sore for awhile. The company has video of my being hit by this equipment, a couple employees saw it. I documented the bruising after. Why do I need someone to tell me "you'll be alright, it'll just be sore for awhile," to justify what happened to me that day, did happen, and it was in no fault of my own? The fact that it happened, was witnessed & recorded, & I have photos of the bruising, isn't enough for me to win in small claims court?

As to what constitutes severe emotional distress, the courts here require that it rise above the level of temporary fright, regret or disappointment. Rather, the plaintiff must be able to show that they suffer from a severe and disabling emotional or mental disorder that mental health professionals generally recognize and diagnose, such as chronic depression, neurosis, psychosis or phobia.


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.

Examples of doctor negligence involve patients' complaints not being taken seriously enough, illnesses being incorrectly diagnosed, GPs refusing to carry out blood tests, incorrect or inappropriate medication being administered, incorrect doses of medication being prescribed, referrals to specialist consultants not being made in time or at all and follow up appointments/treatments not been carried out quickly enough . They can also include serious illnesses (such as cancer) being misdiagnosed as something less serious, broken or fractured bones going undiagnosed due to lack of referral for x-ray, failing to follow-up on a patient’s complaints and concerns, failing to correctly identify an illness or injury and treating an injury or illness in a manner which leads to complications and/or further injury or illness.


Patrick Malone, a Washington, D.C., attorney who has represented patients in medical malpractice lawsuits since 1985, said he triages cases to focus on those that resulted in permanent harm. That's necessary, he said, because of the time and emotional investment the patient will need to make to bring the case to trial, and because of his investment in the case.
Search for disciplinary sanctions. Visit your state’s disciplinary board to see if the attorney has been sanctioned in the past. Attorneys are sanctioned for ethics violations, such as disclosing client confidences or failing to respond to client emails. They are not sanctioned for failing to win cases, unless their performance was so low as to be negligent.

He had an infection plus an additional complication: His intestines had knuckled under beneath his skin. Ten days after the transplant, doctors operated again, removing 15 inches of dying intestine from Ciccotelli's gut and scraping out the infection. The hospital, which declined to comment for this story, didn't charge him for the clean-up procedures.
The first step is a letter of demand, a letter sent by your lawyer to the doctor or health facility concerned, setting out your claim and the period in which the accused should meet it. Thereafter, getting a case to court can take up to four years. Accurate case data and hospital notes have to be gathered; records relating to the patient’s prior medical history, treatment at the hands of the suspected transgressor, and any subsequent treatment must be obtained. Then, lay witnesses must be found, expert witnesses briefed and court dates agreed on. In addition, both the patient’s medical condition and prevailing medical treatments have to be researched.

I was told that I had asthma and was put on inhalers for my asthma I continue to get weak and tired and shortness of breath and decided to go back to the Doctor Who then gave me a chest x-ray and put me on more inhalers and told me that he sure it's just I have asthma, I continue taking the inhaler but never getting any better for about a month and there was no improvements, I decided to give Dr. one more chance and hopefully he would see something different because now I was experiencing gurgling in my chest he shored me that there was nothing wrong and that I didn't have pneumonia it was asthma , that same night I woke up where I could not breathe and had to be rushed to the emergency room where they are I found out I had fluid on my heart as well as in my lungs and was rushed to a hospital that specialize in congestive heart failure. I was then told by the doctors at the hospital that not only did I have congestive heart failure the left side of my heart is very weak and is only pumping at 10% and should be 60% . I know that if I had gone a couple more days using a inhaler for asthma then I did not have I would not be alive today is this a case of misdiagnos
The first step is a letter of demand, a letter sent by your lawyer to the doctor or health facility concerned, setting out your claim and the period in which the accused should meet it. Thereafter, getting a case to court can take up to four years. Accurate case data and hospital notes have to be gathered; records relating to the patient’s prior medical history, treatment at the hands of the suspected transgressor, and any subsequent treatment must be obtained. Then, lay witnesses must be found, expert witnesses briefed and court dates agreed on. In addition, both the patient’s medical condition and prevailing medical treatments have to be researched.

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.


Your attorney should also disclose “bad facts” in the opening statement.[20] A bad fact is anything the defense would want to bring to the jury’s attention because it makes the defense case much stronger. For example, your failure to follow your doctor’s prescribed treatment is a bad fact. By disclosing bad facts first, your attorney can take the sting out of them.
Inconsistency in one’s complaints can be a sign that the injured person is making something up. If, for example, someone with a back injury tells Doctor A one day that he/she is having pain down the left leg, tells Doctor B another day that the pain is down the right leg, and tells physical therapist C another day that he/she has never had pain down either leg, that person is going to have a hard time convincing anyone that he/she is having pain anywhere.

You will first have to find out whether you have bladder cancer to see if you even have a case. If you do have cancer (and I hope that you do not) then you would need a medical expert to be willing to say that your doctor that was treating your for the UTI's failed to diagnose you as having cancer as soon as they should have diagnosed you. This is the hard part of proving this case.
You will want to incorporate as many of these factors into your claim as you can. In addition, you will want to consult a personal injury attorney. Proving these types of cases can be very difficult, and an attorney can help guide you through the process and strengthen your case.schedule a free consultation with a personal injury and accident law firm.
After suffering physical or mental harm, you may find yourself dealing with anxiety, panic attacks or depression. You may even have suicidal thoughts and self-guilt. This is known as emotional distress and it is possible to receive compensation from the person who caused the distress. First, it is important to understand what can cause it to develop and how to sue for emotional distress.
Returning to the fender bender case example, in small claims court it would be pretty easy to make your case.   You could produce a police report showing the reporting officer’s conclusion that the other driver was likely at fault. You could produce two sworn written statements from eyewitnesses saying that they saw the other driver run the stop sign. And you could produce two repair estimates to establish what you lost.

The timeline involved is going to be important should you have a diagnosis of cancer for a few reasons. You mentioned 2 years went by from the time you were told you had a UTI until you were told you might have Bladder cancer? Is that correct? You were seen 6 times over the course of 2 years and diagnosed with a UTI every time? How many times were cultures taken? How much time was it from when your culture came back negative until you were told you may have cancer? Answers to these questions are necessary in order to have a better understanding of the facts and potential theories of negligence.
X. The medical practitioners at times also have to be saved from such a class of complainants who use criminal process as a tool for pressurizing the medical professionals/hospitals particularly private hospitals or clinics for extracting uncalled for compensation. Such malicious proceedings deserve to be discarded against the medical practitioners. XI. The medical professionals are entitled to get protection so long as they perform their duties with reasonable skill and competence and in the interest of the patients. The interest and welfare of the patients have to be paramount for the medical professionals.

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.   
Second, from a procedural standpoint, medical malpractice cases can be unique (and pretty complex) depending on the state where you live. You (and your attorney) will need a good understanding of the procedural requirements necessary before - or soon after - filing the lawsuit, including filing an affidavit of merit, complying with pre-lawsuit screening, and other special steps . An experienced medical malpractice lawyer will be very familiar with these rules, and will know how to avoid pitfalls and delays so that your case stays on track.
One of the most common reasons that a physician may be accused of medical malpractice is due to the failure to diagnose. This is premised on the idea that the patient needlessly suffered for an extended period of time because the doctor failed to properly evaluate tests or run tests that should have reasonably notified him or her of the potential diagnosis. Other examples of medical malpractice include misdiagnosing a medical condition, failing to provide appropriate treatment, causing an unreasonable delay in treating a diagnosed condition, violating HIPAA laws, performing wrong-site surgery and performing surgery on the wrong patient.
Alternatively, the amount of pain and suffering a person experiences can be valued based on the amount, frequency, and duration, of medical care, treatment, or medication, the person needs to recover and get by. Additionally, permanent injuries, including disfigurements, or severe injuries that upend a person’s life, will often correspond to higher awards for pain and suffering.
Fortunately for you, you took matters into your own hands and went to the ER and got the proper diagnosis. While the doctor was wrong to mistake congestive heart failure for asthma, the inhalers he prescribed did not cause your congestive heart failure or the your left heart failure. Unless the doctor was in a position to have diagnosed and mitigated the congestive heart failure, you may not have a medical malpractice case. But all anyone can do on this forum is speculate based upon a few lines of information. Gather your medical record and consult local counsel for further clarity.
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.
Returning to the fender bender case example, in small claims court it would be pretty easy to make your case.   You could produce a police report showing the reporting officer’s conclusion that the other driver was likely at fault. You could produce two sworn written statements from eyewitnesses saying that they saw the other driver run the stop sign. And you could produce two repair estimates to establish what you lost.
If you suffer an injury or illness after medical treatment, and it was a known risk that your doctor did not tell you about before you agreed to the treatment, it could be malpractice. A court will consider whether a reasonable person would have consented to the treatment if they had been told of the risks. In some cases, the failure to get any consent at all may also be an assault or battery. If you have experienced an assault during medical treatment, you can contact the police.
1. When a person comes into a medical facility and asks to be evaluated, the hospital must provide a medical screening examination (MSE) to determine if there is an emergency medical condition (EMC), including active labor. The hospital may not decide on treatment based on your ability to pay and may not delay treatment to your detriment because they want to prove you can pay, such as pre-authorization from private health insurance. Thus the statute puts your welfare above the pocketbook of the hospital. The statute requires the hospital to use the medical equipment on hand, such as xray, CAT scan, MRI, EMG, EKG equipment as part of the emergency medical screening (EMC) process. So if the hospital just figures you are ok without doing tests, they may be liable under EMTALA. EMTALA applies to any patient coming in to the hospital, not just indigent patients.
“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.”

This is often the most difficult part of medical negligence cases and even lawyers have trouble getting their heads around it sometimes.  You may be able to prove that a doctor did the wrong thing, but you also have to prove that what happened next was the result of that wrong thing and you have to prove that it would not have happened if the wrong thing had not been done.  Deciding whether or not this is the case involves both factual and legal issues and is sometimes very hard to do.  You really need a lawyer who is highly experienced in medical negligence cases to look at this for you.
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.
Doctor and hospitals are liable to any patient where there is medical misdiagnosis caused by the negligence of the doctor. Most malpractice lawsuits in the US are as a result of medical misdiagnosis due to the doctor failing below the required standard as he was negligent. Misdiagnosis is more common in outpatient facilities as the government and private sector efforts have focused on inpatient safety. A person suing for misdiagnosis requires opinion from other doctors about the standard procedure which a doctor failed to do before diagnosing a patient. A considerable sum is generally recoverable because of the lasting effects misdiagnosis might have on the patient.
Yes, you could, but probably not nearly as effectively as a lawyer could.  In fact, the cases can be so difficult that most personal injury lawyers do not handle medical malpractice claims. A medical negligence claim is very technical.  A medical malpractice lawyer has the familiarity with the requirements necessary to prove the departure from the standard of care, the resources, the money, and the experience to advocate for you in a trial. In most states for most medical negligence claims, each claim needs an expert witness, who is either a doctor or a nurse.  Some cases require multiple experts.  The cases are very expensive and the hospitals know it. Make sure you chose a lawyer that specializes in medical malpractice and has the resources to handle your case.
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).
The second element is the most difficult to prove. A skilful and competent doctor can make medical errors as such it is important to look at the actions of the doctor in arriving at a medical conclusion regarding a patient’s health. If it can be proven the doctor acted with reasonable skill, competence and did his due diligence in arriving at a conclusion then he/she will not be liable for any loss or suffering as a result of the misdiagnosis. But where it is shown that the doctor fell below the standards of a reasonable competent practitioner as he failed to take the necessary step arrive at a proper diagnosis and his acts resulted in the damage then a party will be successful.
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.
When it comes to determining the extent of physical pain, there are no computer programs to rely on. Each of us experiences pain differently. Even with today’s advanced medical technology, the best method doctors have for measuring a patient’s pain is a self-rated pain scale. This is when a doctor asks, “On a scale of 1 to 10, how would you rate your pain?”
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.
When you need medical care, you tend to rely on doctors whether it’s your primary care physician or a referred specialist to manage your health in the best way possible. You trust doctors to advise you about your health condition, medication, and routine care. However, there may be times when that trust is broken due to negligence. When medical mistakes or negligence occurs while you or a loved one is receiving medical care, the consequences can be devastating sometimes resulting in death or a lifelong debilitating condition.
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.
First, you need to figure out what the legal wrong was that you believe could form the basis for a lawsuit. Once you have figured out what it might be, you will need to research the elements of the case. Just because you feel certain something is wrong and should be addressed by the courts does not mean that it will resolve itself. You have to go through some very specific processes to secure your rights, and failing to do so could jeopardize your claim. These rules and procedures are not secret, and are actually quite easily found, but only if you know what you are looking for, where to look, and that you even need to look in the first place. This is why most people opt to hire an attorney rather than run a case on their own. Attorneys are specially trained and familiar with these procedures, and much less likely to miss something than someone without this experience who is trying to navigate this process for the first time.
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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.
No one is infallible however, where a person has a life his/her hands it is expected that they will do all that is require according to the standards expected to have little or no errors. It is on that basis that a person can sue for misdiagnosis because the medical practitioner showed some level of incompetence which is unacceptable. A person can sue the doctor and the hospital if the doctor is an employee of the hospital.
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.

“A significant problem with the court process, as it stands, is the determination of life expectancy (especially with babies), which is fraught with difficulties. Parents may receive too much or too little compensation; causing strain for the system or unnecessary financial duress for parents. Medical expense awards are also estimated at private-patient rates (as much as 50 percent higher than medical scheme rates) – unnecessarily so, as most patients have medical scheme membership, with an already agreed, reasonable tariff,” Kellerman says.
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