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.
Suing a doctor for negligence requires much more than just filing a lawsuit in a Florida court. One of the prerequisites to filing a lawsuit against the doctor requires that you must first provide him or her with notice, indicating that you intend to file a lawsuit in the near future. A 90-day waiting period follows, during which the doctor may reject the claim outright, offer to settle the case, or ask to submit the case to arbitration.
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.
In the early stages of the process, the most important thing is finding out who to contact at the insurance company. A claim will not be processed right away because it's important to learn about all the medical expenses before attempting any calculations. Injured parties don't typically wish to risk anything uncovered in their eventual settlements.
If you don't have a record of your physical symptoms that relate to your emotional distress, you may still have a case. It will be a lot tougher to prove that your issues are directly connected to the incident in question. Severe emotional distress like prolonged extreme social anxiety or paranoia may be enough to collect damages. [3] If you don't have proof of related physical symptoms, talk to a lawyer. You can ask if you have a case. [4]
Be aware that even though you can do your own calculations, only an experienced, competent lawyer can help you get the highest settlement possible for a serious injury. Insurance companies use a settlement calculator to determine how much you will be compensated for the medical expenses, devastating pain and suffering, emotional distress and loss of income relating to your car accident, or another accident claim.
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.
Although medical mistakes cannot always be prevented, help is available when these unfortunate situations change the course of victims’ lives. The pain and suffering that victims are left to contend with cannot be erased, especially when death or a chronic condition is the result of medical negligence. Personal injury compensation may help to ease the burden of physical and mental trauma from a medical mistake.
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.
Another potential cause of action is intentional infliction of emotional distress. This is based on a doctor’s outrageous conduct that intentionally or recklessly causes a patient to suffer severe emotional distress. This must be beyond a mere slight as it must be something that would outrage society. The common law tort required a physical manifestation of injury, but most jurisdictions no longer require this element. This cause of action has been successful in some cases in which patients recorded their doctors performing medical treatment while mocking and ridiculing the patient to a serious degree.
Once you have figured out what kind of case you have, you will need to prepare your documents and file your lawsuit. Sometimes you can obtain forms for your lawsuit from either the clerk of court or local law libraries, but not always. Similarly, legal aid groups may be able to help you complete your paperwork, evaluate your claims, and give you advice on what to file, where, and how much your filing fees will be. When your paperwork is ready you will need to file it with the clerk of court, pay a filing fee, and arrange to have a copy of the lawsuit and summons served on the other party. If you are unable to afford the filing fees, you can usually apply for indigent status and ask for a waiver of these fees.
If you do have cancer and the pain and suffering that you may experience is increased because of the late diagnosis or if your life expectancy is shortened because of the late diagnosis, you may have a viable claim for medical malpractice. But, you would have to prove that you are worse off now than you would have been even if you were diagnosed earlier.
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.
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Medical malpractice is the most common legal claim lodges against doctors. A medical malpractice claim arises when a doctor failed to treat the patient in conformance with the accepted medical standard of care and the patient suffered some injury as a result. The medical standard of care is the type of care that another physician in a similar community practicing in the same type of medicine would have provided within the same circumstances.


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.
I believe that minor children should have as much right to call a lawyer (a free service provided by the government) to help them when they're being emotionally abused, physically abused, emotionally or physically neglected, sexually exploited, and otherwise maltreated... the very same rights as an adult would have. Children are human beings, they're people, and so they SHOULD have the same rights as adults to bring suit for maltreatment, neglect and exploitation against the people that our society/culture trusts to provide adequate care, aka "parents".
Tennessee used to require plaintiffs to prove physical effects from the stress in order to receive compensation. But in this case, the court outlined a more nuanced set of criteria for determining emotional distress. The ruling listed six factors for consideration when deciding to award damages for the intentional or negligent infliction of emotional stress:
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.

Be aware that even though you can do your own calculations, only an experienced, competent lawyer can help you get the highest settlement possible for a serious injury. Insurance companies use a settlement calculator to determine how much you will be compensated for the medical expenses, devastating pain and suffering, emotional distress and loss of income relating to your car accident, or another accident claim.
A woman went on a cruise, where the cruise photographer took a photo of her even after she told him not to. The cruise photographer then photoshopped a gorilla head onto her photo, where it was displayed in a gallery with other passengers. For the duration of the cruise, the crew harassed her, even using a gorilla suit and making lewd comments to her, causing her to stay in her cabin. The Court held that the woman could sue for IIED because she had “good reason to be emotionally perturbed, humiliated, and embarrassed” by the conduct.[8]
And don’t kid yourself. If you think that your doctor just made a mistake and that it won’t happen again – think again. Chances are, if he made a mistake with you, he very well could have done it before and will do it again. Don’t be dissuaded by your doctor’s apologies or his downplaying of your injuries. An apology won’t pay for your medical expenses, and it certainly doesn’t ensure that he realizes the full consequences of his negligible actions.
A large number of medical malpractice lawsuits stem from the misdiagnosis or delayed diagnosis of a medical condition, illness, or injury. When a doctor's diagnosis error leads to incorrect treatment, delayed treatment, or no treatment at all, a patient's condition can be made much worse, and they may even die. That being said, a mistake in diagnosis by itself is not enough to sustain a medical malpractice lawsuit.
We serve clients throughout North Carolina including those in the following localities: Mecklenburg County including Charlotte, Cornelius, Davidson, Huntersville, Matthews, Mint Hill, and Pineville; Iredell County including Mooresville and Statesville; Union County including Indian Trail and Monroe; Cabarrus County including Concord, Harrisburg, and Kannapolis; Gaston County including Belmont and Gastonia; and Stanly County including Albemarle.
Once you have figured out what kind of case you have, you will need to prepare your documents and file your lawsuit. Sometimes you can obtain forms for your lawsuit from either the clerk of court or local law libraries, but not always. Similarly, legal aid groups may be able to help you complete your paperwork, evaluate your claims, and give you advice on what to file, where, and how much your filing fees will be. When your paperwork is ready you will need to file it with the clerk of court, pay a filing fee, and arrange to have a copy of the lawsuit and summons served on the other party. If you are unable to afford the filing fees, you can usually apply for indigent status and ask for a waiver of these fees.
Medical malpractice is the most common legal claim lodges against doctors. A medical malpractice claim arises when a doctor failed to treat the patient in conformance with the accepted medical standard of care and the patient suffered some injury as a result. The medical standard of care is the type of care that another physician in a similar community practicing in the same type of medicine would have provided within the same circumstances.
One example might be a person who survives a car crash in Knoxville in which a loved one dies. If the plaintiff can prove negligence, then any mental or emotional suffering resulting from the accident might be a recoverable damage. Seeing a loved one killed in an accident would traumatize anybody, but not every case of emotional distress will be so clear.

Notify the professional's malpractice insurance company of your claim. Although the professional should take this step on his own, you better protect your interests by making such a notification on your own. In most states professionals legally are required to provide a client with the name of their malpractice insurance carrier. If you fail in getting this information directly, the state licensing authority for a particular professional should have a record of her malpractice insurance carrier.
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.

In a malpractice (medical negligence) case, you first must establish that the medical professional(s) acted below the standard of care. That can usually only be established through expert testimony willing to say that the doctor who treated you was negligent by falling below the standard of care. Secondly, you must establish that the negligence was the cause of harm. (This is called "causation.") In other words, if the condition is something that he would have had to deal with anyway, or if the condition is something that you and the medical staff could have reasonably expected, the defense will say that the negligence, if any, didn't cause the future issues. The third point is the issue of damages. If the negligence caused you to incur expenses, those would be your "special damages" and for any loss of income your mom contributed to your household. You are also generally entitled to recover for the loss of "care, comfort and society" of the departed.

If the injured patient is able to prove – through qualified expert testimony – that the doctor committed an act of medical negligence, then the patient has satisfied the first step of proving a malpractice claim against the doctor. However, the injured patient must also be able to show that the doctor’s negligence resulted in certain injuries or damages.
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