(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.
For example, the standard of care for an eight-year-old child with a cough who is complaining of chest pain would be different than the standard of care for an 80-year-old man who’s complaining of the same symptoms but has smoked a pack of cigarettes daily for most of adulthood. In the case of the child, a reasonable, competent doctor would probably diagnose and treat the child for bronchitis, but that same doctor would run tests to determine whether the elderly smoker had lung cancer.
* 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.

VII. Negligence cannot be attributed to a doctor so long as he performs his duties with reasonable skill and competence. Merely because the doctor chooses one course of action in preference to the other one available, he would not be liable if the course of action chosen by him was acceptable to the medical profession. VIII. It would not be conducive to the efficiency of the medical profession if no Doctor could administer medicine without a halter round his neck.


If there are too many intervening events and causes between the defendant’s actions and your injury, this will not qualify as immediate. For example, a woman who sued her husband for causing the death of their son in a car wreck was not allowed to proceed with her claim of emotional damages because she was not physically present during the wreck, even though she arrived at the hospital immediately after and witnessed her son being brought in as they were trying to resuscitate him.
First, you must show that the health care provider acted negligently. Medical negligence occurs when a professional violates the standard of care. The standard of care is the professionally accepted method for treating a specific disorder. This standard varies depending on a number of factors including the patient's age, overall health, and specific disorder, as well as geographic location.

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.
The keys are 1) establishing the medical standard of care, meaning the level of care that was appropriate under the circumstances, and 2) demonstrating how the defendant fell short of meeting that standard. And in almost all cases, you’ll need the help of a medical expert witness to help you establish these things. An experienced medical malpractice attorney will be part of a network of professionals -- doctors, consultants, medical experts who have served in a variety of cases, and other medical malpractice attorneys -- and will utilize this network to locate and hire the right medical expert for your case.
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.

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.


This is probably the number one reason why you don’t want to sue your doctor. While it is true that most lawsuits can take some time to become resolved, it is well worth the wait. However, there are ways to speed up the process: file your lawsuit as soon as it is determined that the case has merit and make sure that the court imposes deadlines for every step of the lawsuit, such as specific dates for depositions, defense medical examinations, and the exchange of discovery responses. This will prevent the lawsuit from the inevitable delays presented by defense attorneys and their insurers and keep the case on the proverbial “fast track” to trial.
In my experience, many problems that spiral out of control could have been tackled sooner. You may have been kept waiting a long time for your hospital appointment, or a member of staff was rude to you. Perhaps you felt an elderly relative wasn’t getting adequate pain relief, or even enough to drink. In these circumstances, do as you would in any restaurant when you aren’t happy: ask to speak to a manager.
While the majority of health care providers aim to exercise the highest standard of care for all patents, there are times when things can go gravely wrong. If you or a loved one has experienced poor medical care, misdiagnosis, lack of consent, or breach of doctor-patient confidentiality that has resulted in harm or injury, you may be entitled to medical malpractice recovery.
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 opinion upholding the judgment recognizes that although not every fiduciary relationship will give rise to a claim for damages, where the specific professional responsibility of an attending physician is to convey accurate information, then failure to do so can give rise to liability if the physician's breach results in unusual and extreme emotional distress on the part of the plaintiff," Raynes said in an email, according to AMN.
As you read this, don't assume she passed because of her heart. The surgery was successful, as expected. It was the aftercare that killed her: Avoidable infections, overdose of heparin, lines becoming dislodged, a doctor collapsing her lung while removing a drain tube. It seemed endless but was only 95 days. One heart surgery with a 99.9 percent success rate and a week of recovery in the hospital turned into three heart surgeries, an exploratory abdominal surgery and seven hospital associated infections and 95 days later, her death. I wish there were a medical court (of sorts) that patients could go to without an attorney. They could file a complaint and sit in a room with the doctor, nurses, specialists and a panel of “judges” and plead their case. Ask their questions. No attorneys. No “specialists.” Just a place to get answers, and, if needed, monetary compensation. Personally, I just wanted answers.
95. In our considered view, the aforementioned principles must be kept in view while deciding the cases of medical negligence. We should not be understood to have held that doctors can never be prosecuted for medical negligence. As long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence. It is imperative that the doctors must be able to perform their professional duties with free mind.
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.
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.

Often, people may have viable bases for lawsuits but fear that they are not allowed to file their claim without a lawyer. As a result, concerns over paying attorney fees may keep some from following through with their claims, meaning that the legal wrong may go unaddressed and the person who was wronged may go uncompensated. But, it is possible to file a lawsuit without a lawyer. This article will tell you how.
In the example above, emotional stress would include the plaintiff’s embarrassment or depression as a result of disfigurement. Likewise, the plaintiff would be compensated if the jury finds that the plaintiff has suffered a permanent loss of function or impairment from the jaw bone injury. The jury would also be permitted to consider the loss of ability of enjoy life’s pleasures such as eating or even kissing. Note that this requires proof of what the plaintiff did and what they enjoyed before the injury. A jury can also consider the expected length of the plaintiff’s life, lifestyle habits, and whether the plaintiff was generally healthy before the incident to determine how much to award.
It is very common for an injured person to consult a lawyer saying ‘if Dr Smith had told me I would end up like this I would never have agreed to the procedure’.  While the saying ‘hindsight is always 20/20’ is often appropriate, there are situations where an injured person could and should sue their doctor or other professional for failing to warn them of significant risks of a procedure.
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.
Pain and suffering is a term used to define the physical and mental suffering that a plaintiff endures as a result of an injury. It is a component of the plaintiff's damages. So, in a medical malpractice case, the defendant health care provider can be liable for the harmed patient's pain and suffering, in additional to other damages like the cost of medical treatment and lost income.
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.
This article is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this blog or any of the email links contained within the site do not create an attorney-client relationship between the author and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of any law firm or Psychology Today.
Differential diagnosis is a systemic method used by doctors to identify a disease or condition in a patient. Based upon a preliminary evaluation of the patient, the doctor makes a list of diagnoses in order of probability. The physician then tests the strength of each diagnosis by making further medical observations of the patient, asking detailed questions about symptoms and medical history, ordering tests, or referring the patient to specialists. Ideally, a number of potential diagnoses will be ruled out as the investigation progresses, and only one diagnosis will remain at the end. Of course, given the uncertain nature of medicine, this is not always the case.
Florida Standard Jury Instruction 501.2 states that, “there is no exact standard for measuring such damage. The amount should be fair and just in the light of the evidence.” Because even the Florida Standard Jury Instruction recognizes that there is no exact standard for measuring non-economic damages, it’s absolutely critical that the presentation of pain and suffering damages at trial is done in a manner that the jury can easily understand and can award you compensation accordingly.
In most states, first responders in a medical emergency situation (such as an EMT or a firefighter) are protected from lawsuits unless the first responder does something reckless or intentional. This protection for first responders does not apply to emergency rooms in hospitals, although in some states an emergency room doctor must act with gross negligence to be held liable for harm that occurs before the patient is stabilized.
Expert witnesses, copies of medical records, deposition and witness fees, medical exams -- all of these things cost money. And if you lose your case, you could very well be on the hook for thousands or tens of thousands of dollars in expenses - depending on your legal fee agreement. Is your case important enough to you that you feel the potential financial benefit outweighs the risk?
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