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?
Medical malpractice cases are generally sought by patients who have been harmed or injured due to poor medical treatment or mistaken diagnosis from a medical provider such as a doctor, nurse, technician, hospital or medical worker. Typically, the measure of whether a medical provider was “negligent,” or failed to provide proper care, turns on whether the patient would have received the same standard of care from another medical provider under similar circumstances.
In most cases where the other party was clearly at fault, the injured party will receive at least some compensation for their pain and suffering. Most insurance companies recognize that people who are injured in a car accident deserve something for their pain and inconvenience. Often, the amount insurance carriers try to get away with, at first, is very low. But with proper attorney representation, this number can be increased to reach an acceptable sum.
If you have been injured by a doctor, then the first step you MUST take is to request a copy of you medical records. This may be a little difficult, because some offices may try to stall or stonewall you. They will also charge you a copying fee for doing this, so be prepared. However, federal law states they must provide you with a copy of your records if you request it. These files may contain information about what went wrong with your treatment to cause the injury in question. That is why it is necessary to get a copy as soon as possible. (It should also be requested quickly after the incident because some records can be altered.) Simply contact the doctor’s office and ask for a copy of everything. This should include all notes from the doctor and other staff as well as lab work and medical imaging such as x-rays or CAT-Scans. If the incident occurred at a hospital, check with their medical records department for this information.
When suing a hospital or a doctor, you usually seek to recover past and future medical bills, lost wages, and other financial losses. But you can also seek compensation for pain and suffering. Generally, a person can pursue a claim for pain and suffering when they are injured due to negligence and experience either pain or suffering, individually or combined.
7. Hospitals are afraid of this investigation: If a violation of the statute is alleged, the federal government comes into the medical facility and investigates not just the claimed violation, but any violation of any type from the statute. This gives the plaintiff lawyer great leverage with the hospital to settle both the state malpractice and federal EMTALA claims quickly and quietly.
Hi, I have been divorced for several years. I just started studying for a degree when things became bad and I subsequently got divorced. We have 2 children with chronic illness of which one is epileptic. I had to stop studying to make sure I could look after my children. work continually and extensive hours as my ex husband either didn't pay maintenance or short paid. when we went to court, he always had an advocate and I can afford one. (I always get the short end of the stick)
While some medical errors are unavoidable, and things go wrong even when the utmost skill and care is used, doctors and other health care providers can be held legally responsible for any injuries that result from the provision of negligent or sub-standard care to patients. If you decide to file a personal injury lawsuit against a doctor, it will most likely be under a legal theory known as medical malpractice.