Complaints that hospitals can’t resolve—each health authority has a Patient Care Quality Office to deal with complaints that hospitals cannot resolve. Each health authority also has a Patient Care Quality Review Board. They review complaints that the Patient Care Quality Offices have not resolved. For more information, call 1.866.952.2448 or see the Boards’ website.
To be able to file a medical negligence claim, you must ensure the statute of limitations (or time period in which you can file a claim) has not expired. The statute of limitations for medical negligence claims will vary from state to state, so it is important to consult with your attorney about how long you have to file your lawsuit. In most states, this window of time is about two years.
That is one of the main reasons the legal system exists! To compensate people who been injured by their doctors’ mistakes! If your doctor has made a medical mistake, he may well have committed what is known in the legal community as negligence. In order to prove negligence, your attorney will have to show that (a) your doctor owed you a duty of care, (b) your doctor breached that duty of care, (c) your doctor’s breach caused you injury, and (d) you did in fact suffer an injury.
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.
First, and perhaps of greatest interest to U.S. citizens, when a doctor commits malpractice overseas, in most instances it will not be possible to obtain jurisdiction to sue the doctor in an Oregon court. There may be rare circumstances in which a doctor has the contacts with an American jurisdiction required to sue here, but that will be the rare exception. Moreover, even if a patient obtains a judgment in the United States, it may be very difficult to enforce the judgment in a foreign country. Ultimately, a malpractice victim will likely be faced with pursuing a claim abroad.
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.
If the doctor's mistake was one that a reasonable doctor would make, he has not acted negligently and has not committed medical malpractice. Often when a doctor fails to diagnose a medical problem, he may mistake the problem for something else and attempt to treat that. Likewise, if the medical problem is extremely rare, unknown, or difficult to identify, than a proper diagnose may not be possible.
“Richard was very helpful from the beginning. He handled our car accident case with such responsibility and punctuality. Throughout the case, Richard checked in often, as did his wonderful staff at the Law Office of Cohen & Jaffe, LLP. I must have called the office a hundred times to ask questions pertaining to my case, the staff was always prompt and incredibly nice. Richard and his team really made our experience as stress free as possible. Richard is very intelligent yet simple. His amazing team of experts including (Julia, Debbie, Ariel) helped us with everything, from appointments to filling out forms. I would recommend Cohen And Jaffe to anyone in need of a personal injury attorney.”
Hello Mr. Shah. I do have a pain management doctor the problem is he’s not affiliated with this hospital. And unfortunately this hospital only has one pain management doctor and she won’t return my pcp calls. My pcp told me if i could find someone to manage my pain and are willing to give me Demerol to help with my pain then he was fine with that. My hemotologist saw how much pain I was in and gave me a dose of Demerol. When she came to visit me she told me she was upset because my pcp got mad at her for giving me the dose of Demerol. So when I ask him about he says he didn’t talk to her personally he just wrote some notes. I just don’t understand why he is doing this and not taking the pain that I am having serious. Now my gemotologist don’t want nothing to do with the situation and he tells me that I need to “convince” them on giving me pain medicine that actually works. I feel like I’m stuck with this doc because if I do try to find another he’s going to say something to discourage them for taking me on as a new patient. I have never ever been treated like this out my whole life when I would have a crisis. This is just so unprofessional and I can’t keep allowing him to see me in tears in pain and he does nothing to fix it.
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.
I was injured when a piece of metal came loose from a signin kiosk at a plasma center I frequent came swinging down at my arms. It was so loud, an employee saw it & joked I'd have to pay $60 to repair it. This hurt, but not enough to forego my donation $, but as I donated, it began hurting more. I ended up bruising on both arms for 3 weeks & in pain.
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).
After meeting the notice requirements and other prerequisites, depending upon the jurisdiction an injured patient may be able to file a lawsuit against the doctor. In order to prove the doctor negligent and that he or she committed malpractice, the accident victim must first be able to show that the doctor breached the duty of care owed to the patient.
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.
“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.”
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?”
The doctor was negligent. Just because you are unhappy with your treatment or results does not mean the doctor is liable for medical malpractice. The doctor must have been negligent in connection with your diagnosis or treatment. To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor, under the same circumstances, would not have. The doctor's care is not required to be the best possible, but simply "reasonably skillful and careful." Whether the doctor was reasonably skillful and careful is often at the heart of a medical malpractice claim. Almost all states require that the patient present a medical expert to discuss the appropriate medical standard of care and show how the defendant deviated from that standard.