8. Believe that the case is about retribution and punishment to the doctor and not about the cold calculation of money compensation for your losses. The College of Physicians and Surgeons is the watch dog over the conduct and medical standard of care of doctors in Ontario. Their process is ponderous but does not cost you anything. They get there sooner or later.

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.

Typically, a misdiagnosis is not grounds for a medical malpractice case. This is a gray area due to the fact that not all diseases and conditions present with obvious signs. However, if there is proof that a medical professional was negligent in making a diagnosis because of his or her substandard care, you may have a case. A doctor is not expected to be accurate 100 percent of the time, but he or she is expected to follow appropriate diagnostic standards of care.

Battery occurs when a person intentionally touches or has other unwelcome physical contact with another person in a harmful or offensive manner. Battery may apply when patients are sexually or physically abused by their doctors. This can also occur when a doctor performs an incorrect surgery or medical treatment on the patient. Likewise, this can occur when a doctor does something to the patient without consent.
Causation can be the most challenging element for plaintiffs to prove in a failure to diagnose cases. A plaintiff must prove that the misdiagnosis caused the injury to worsen more than it would have had a correct diagnosis been made. This means, for example, that a plaintiff will need to show that a delayed cancer diagnosis resulted in the patient's wrongful death, whereas the patient would have lived longer if it had been caught at the right time by the defendant.
The incident that caused the stress must have been due to extreme or outrageous negligence and that the actions caused you emotional harm. For example, if you are involved in an accident with a drunk driver in which a family member was killed, you may be able to file a claim for emotional distress due to the negligence of the driver in getting behind the wheel of a car while intoxicated.
I have been seen about 6 times for UTI ( bladder infection) Each time all my symptoms have been the same, but three days later (after they treat me for the bladder infection) the culture comes back negative. Finally today they said it could possibly be Bladder Cancer. I have had all the symptoms of bladder cancer and no body has ever taken the time to test me. So in all can i sue for them not looking more into this throughout the past two years when all these problems started happening? Since it could be cancer, and it could be too far along to treat.
It is also important for doctors and nurses to communicate with patients and gather pertinent information about their health history and that of their immediate family members. Information on preexisting medical conditions and family history of inherited disorders such as heart disease and diabetes are crucial to properly diagnosing a patient’s symptoms. A patient with flu-like symptoms, severe stomach pain, and dehydration that has a family history of diabetes could be quickly tested for high glucose levels and treated immediately before they suffered organ damage or coma.
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.

Every physician owes patients a reasonable standard of medical care. If a physician fails to perform at the accepted standard and a patient suffers as a result of his or her actions, the patient reserves the right to file a malpractice claim against those responsible. Failing to take appropriate steps during the diagnostic process and to make reasonable diagnoses based on the evidence does constitute malpractice, and you can sue your physician for the intentional or negligent mistake.


Doctor and hospitals are liable to any patient where there is medical misdiagnosis caused by the negligence of the doctor. Most malpractice lawsuits in the US are as a result of medical misdiagnosis due to the doctor failing below the required standard as he was negligent. Misdiagnosis is more common in outpatient facilities as the government and private sector efforts have focused on inpatient safety. A person suing for misdiagnosis requires opinion from other doctors about the standard procedure which a doctor failed to do before diagnosing a patient. A considerable sum is generally recoverable because of the lasting effects misdiagnosis might have on the patient.

But lawyers may have to invest $50,000 or more to pursue a case, and they usually only get paid if they win or settle. The payout is determined largely by economic damages – lost earnings, medical bills and future costs caused by the injury.  Those who don’t earn big paychecks – including children, the elderly and stay-at-home-moms – are the least likely to find an attorney, studies show.
What’s more, recent studies also confirm that as many as “70,000 patients a year experience preventable, serious injury as a result of wrongful medical treatments.” When shared with Canadians, most people were shocked to learn that this many people are impacted by medical malpractice cases in our hospitals and other acute care facilities each year.
Typically, a misdiagnosis is not grounds for a medical malpractice case. This is a gray area due to the fact that not all diseases and conditions present with obvious signs. However, if there is proof that a medical professional was negligent in making a diagnosis because of his or her substandard care, you may have a case. A doctor is not expected to be accurate 100 percent of the time, but he or she is expected to follow appropriate diagnostic standards of care.
If you or someone you know is a victim, keep in mind that filing and pursuing a medical malpractice lawsuit can be an expensive and time-consuming affair. The claimant has to prove many things including injury due to the doctor’s malpractice and as a result, considerable loss of income, enhanced pain and trauma and unaffordable costs of health care and rehabilitation.

One of the rights that most patients are familiar with regarding medical care is privacy rights. While this protection of privacy is important, you also have the right to receive excellent medical care. If you think that you or your loved one’s patient rights have been violated by means of medical malpractice, a lawyer, like a personal injury lawyer Minneapolis MN trusts, may be able to file a lawsuit on your behalf.
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My younger brother died almost 2 years ago. He coded (his heart stopped beating) a couple days after a colostomy procedure. The doctors rushed him into surgery as he was clearly bleeding internally. They didn't find the source of the bleed, but after looking for a while, gave up and closed the surgery anyway. He continued to bleed, which led to two more surgeries, more complications and his eventual death.
Have you suffered a personal injury? The following is a guide to help you easily figure out how much your case is worth, by using our free pain and suffering calculator. This formula is 100% accurate and can help you receive the maximum settlement. Our guide contains legal topics to help you with every aspect of your car accident or personal injury law.
In the mid 1990s the concept of a ‘gratuitous care’ award was developed by the High Court.  Basically, if you can’t look after yourself or your house (or in some cases your children) because of your injuries, then you can claim the cost of a commercial carer or cleaner even though your family is doing the tasks you can’t do.  For a while this was a very lucrative area of damages but now there are laws that place both a threshold and a cap on what you can claim.  Put simply, you aren’t entitled to any gratuitous care award unless you need at least 6 hours of assistance per week for at least 6 continuous months and the hourly rate of any award is capped at the Average Weekly Earnings hourly rate.  You should be careful, however, not to confuse gratuitous care with commercial care, which is a different claim for damages entirely and which is not the subject of thresholds or caps.
Generally, it is in your best interest to hire an attorney if you can. An attorney will know how to navigate the legal system, will know the substantive considerations for your lawsuit, and will take a significant amount of work off of your plate. However, if you cannot afford an attorney or, for other reasons, absolutely must file and prosecute your lawsuit on your own it is possible. You can find additional resources to help you through this process throughout our site at HG.org.
As there is no way to accurately quantify the value of a plaintiff's pain and suffering, juries are asked to use their best judgment in coming up with the amount of a pain and suffering award. Keep in mind, however, that some states have instituted damage caps that place an upper limit on the amount of pain and suffering damages that may be awarded.

In Florida, when someone is injured as a result of someone else’s negligence the Florida law provides that the injured party can ask a jury to compensate them for both economic and non-economic damages. Economic damages are those damages that are readily calculable—medical bills, lost wages, or anything with a set dollar amount. Economic damages are typically easily presentable to a jury. Jurors understand hard and fast numbers, like medical bills and lost wages, and are oftentimes readily willing to compensate an injury victim for these types of losses.
Have you suffered a personal injury? The following is a guide to help you easily figure out how much your case is worth, by using our free pain and suffering calculator. This formula is 100% accurate and can help you receive the maximum settlement. Our guide contains legal topics to help you with every aspect of your car accident or personal injury law.
Power Rogers & Smith has won more than $4 billion in verdicts and settlements for its clients – that’s $800 million more than our closest competitor since 2000. These results include many record-setting and regulation-changing outcomes as well, including a $100 million settlement for victims of a trucking accident – Illinois’ largest injury award to a single family.
Malpractice lawyers decline cases because potential compensation doesn’t justify legal costs, Knutsen says. It only makes sense to accept “high-value cases,” meaning those with potentially big claims. The decision rests on the “entirely distasteful” exercise of calculating the value of a life. “It’s cheaper to kill someone than to maim them. In our legal system, as long as you are alive, you have a claim for income loss and pain and suffering. If you’re dead, those claims expire,” Knutsen says.
Many people mistakenly choose to file medical malpractice lawsuits because they are unhappy with the results of their treatment. However, a poor result -- even death -- does not always equate to malpractice. Medicine is an inexact science. Even the most routine procedure can result in complications both foreseen and unforeseen. There are no guarantees that any treatment, no matter how commonplace, will be successful. As such, it is possible -- and even common when it comes to some procedures -- for doctors to do everything right and still fail to obtain a good result.
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