If you have had emotional distress and sought counseling or treatment from a psychologist or psychiatrist, be sure and keep medical bills, prescription receipts, and records detailing your emotional state. It is important to be as genuine and honest as possible, even though it can be difficult to reveal private, personal information, There is no point in exaggerating your problems, as this can diminish your credibility and actually negatively affect your claim worth.
All doctors, nurses, hospitals, and other healthcare providers have a legal duty to provide proper medical care to patients—and to any other people who need emergency medical care. But doctors do not have to accept everyone as a patient. They can refuse to take a person as a patient for legitimate reasons. For example, a doctor may lack medical knowledge and experience in a particular area. Or a doctor and person may disagree on the right medical treatment for the person. But doctors cannot refuse to take a person as a patient because of age, gender, marital status, medical condition, national or ethnic origin, physical or mental disability, political affiliation, race, religion, or socioeconomic status.
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.
(3) A professional may be held liable for negligence on one of the two findings: either he was not possessed of the requisite skill which he professed to have possessed, or, he did not exercise, with reasonable competence in the given case, the skill which he did possess. The standard to be applied for judging, whether the person charged has been negligent or not, would be that of an ordinary competent person exercising ordinary skill in that profession. It is not possible for every professional to possess the highest level of expertise or skills in that branch which he practices. A highly skilled professional may be possessed of better qualities, but that cannot be made the basis or the yardstick for judging the performance of the professional proceeded against on indictment of negligence.
We certainly understand that some people have a great need for the cost savings available for medical treatment abroad. But it’s also important to consider the protections available in a foreign jurisdiction if something goes wrong. After all, our American legal system is built on the foundation that society is safeguarded when wrongdoers are held legally accountable for their actions. If you have questions about medical malpractice, please call the experienced lawyers at Nelson MacNeil Rayfield and we will be happy to answer them.
Patients are responsible too—as a patient, you have the power to manage your healthcare. You must give the doctor all the important information about your condition, your medical history, and any other relevant information. If you don’t, and that leads to an error in diagnosis or treatment, it will be your fault, not the doctor’s. As well, a doctor is not responsible for problems if you don’t follow the doctor’s advice and your failure causes the problem. For example, if you get sick after surgery, it would be hard to prove that a surgeon was negligent in operating on you, if you don’t follow the surgeon’s instructions for recovery.
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.
"Once an allegation is made that the patient was admitted in a particular hospital and evidence is produced to satisfy that he died because of lack of proper care and negligence, then the burden lies on the hospital to justify that there was no negligence on the part of the treating doctor or hospital. Therefore, in any case, the hospital is in a better position to disclose what care was taken or what medicine was administered to the patient. It is the duty of the hospital to satisfy that there was no lack of care or diligence. The hospitals are institutions, people expect better and efficient service, if the hospital fails to discharge their duties through their doctors, being employed on job basis or employed on contract basis, it is the hospital which has to justify and not impleading a particular doctor will not absolve the hospital of its responsibilities."
Most people know that if a hospital makes a mistake that hurts them, they can sue the doctor or nurse or hospital in state court under state medical malpractice/ negligence laws. What most people, including many lawyers and doctors do not know is that you can also sue hospitals for failure to evaluate and/ or stabilize a medical condition that causes harm to the patient under a federal statute. The statute is commonly referred to as the Emergency Medical Treatment & Labor Act (EMTALA).
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.
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.
Under NO circumstances is your doctor allowed to leak, alter, or otherwise use your medical information against you in retaliation for filing a malpractice lawsuit. There are severe criminal, civil, and judicial penalties for taking such illegal actions. For engaging in an act such as altering your medical records, your doctor could face anywhere from criminal fraud charges to the loss of his medical license.
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.