Medical professionals are required by law to uphold an appropriate standard of care as outlined by the laws in the state in which they practice medicine. While the vast majority of doctors accomplish this goal, some fail to do so and a patient is seriously injured as a result. The following is an overview of how an injured patient can seek compensation from the negligent doctor who hurt them. If you have suffered an injury in this manner, contact a personal injury attorney today to learn what options you have under the law.
One number represents the most the insurer will pay for one claimant, and the other number represents the maximum the insurer will pay in total, regardless of the number of claimants involved. This second number would come into play if there were injured passengers involved. You probably have seen split limits before, they most often look like: 50/100 or $50,000/$100,000.
When deciding whether to file a medical malpractice claim, it's important to find out how much time you have to legally bring the claim. All civil claims, including medical malpractice cases, have time limits as to when they must be filed. These limits, called “statutes of limitations,” require you to file your claim within a certain time period from when the injury occurred, or risk waiving your rights to recover money for your injuries.
This is really so painful to re-live. All of the attorneys I discussed my case with said that what was done to me was clearly negligence and that the case had merit indeed. However, the potential award would have fallen below the $250,000 mark, and to fight it would have been a gamble because jurors – for whatever reason – see physicians in a “can do no wrong” light and may decide in favor of the negligent doctor. I wanted to fight it out of principle more than anything else.
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Doctors all have medical malpractice insurance, and those insurance carriers will likely be paying for their mistakes. Much of the time, the insurance companies will make an offer of a lump sum payment as a settlement. If you choose t accept the payment, you know just how much you are going to recover in damages. The downside is that you must surrender your right to sue.
"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.
In Illinois, as in most states, doctors have a duty to provide reasonable care to their patients. If a doctor deviates from that acceptable standard of care and that deviation results in damages, the victim may have grounds for a medical malpractice lawsuit. At this point, the question becomes not “if” but “against whom?” A hospital may be on the hook for the conduct of its employees, but naming defendants in a medical malpractice lawsuit can become complicated if the relationship between the physician and the facility is unclear.
When it comes to the second emotional distress claims based on intentional conduct, it all depends on how the terms are defined. First, it has to be determined whether the conduct of the medical practitioner was outrageous or extreme. Secondly, it has to be determined if the defendant’s acts were intentional or reckless. Finally, you will be required to clarify whether the emotional distress was severe.
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.
Personal injury, or tort, law, allows a person to recover in civil court for the physical, emotional and/or financial injury caused to them by an outside party. The emotional component of personal injury is most often represented by claims of negligent or intentional infliction of emotional distress. Although neither of these claims necessarily involves physical injury, NIED and IIED can have devastating and long-term impacts on a person’s life in ways that surpass many physical injuries. The bar for proving sufficient emotional distress is a fairly high one to succeed on a claim of negligent infliction of emotional distress (NIED), and is even higher for intentional infliction (IIED). This article will examine some common causes of action and the elements of negligent infliction of emotional distress.