After suffering physical or mental harm, you may find yourself dealing with anxiety, panic attacks or depression. You may even have suicidal thoughts and self-guilt. This is known as emotional distress and it is possible to receive compensation from the person who caused the distress. First, it is important to understand what can cause it to develop and how to sue for emotional distress.
Suing a doctor for negligence requires much more than just filing a lawsuit in a Florida court. One of the prerequisites to filing a lawsuit against the doctor requires that you must first provide him or her with notice, indicating that you intend to file a lawsuit in the near future. A 90-day waiting period follows, during which the doctor may reject the claim outright, offer to settle the case, or ask to submit the case to arbitration.
Certainly, anyone who travels internationally could foresee a circumstance leading to medical treatment abroad. Automobile accidents, heart attacks, illness, and other unexpected medical emergencies can occur overseas during travel, just like they do at home. Moreover, the concept of “medical tourism” is popular with millions of Americans. Medical tourism refers to people that visit a country other than their own for medical treatment. Sometimes, people go abroad to seek treatment, such as a particular drug for a particular disease, that is not permitted in the United States. Other instances include people visiting countries that have well-trained doctors who can perform surgeries, both elective and otherwise, at a cost much less expensive than in the United States. In fact, savings can be as much as 88%, even after factoring in the cost of travel!
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.
Several states have sought to control increasing non-economic awards by implementing compensation caps for these types of damages. Most of these compensation caps directly address medical malpractice issues where malpractice premiums rose to a level to become disincentives for physicians to practice. The tort reform of non-economic damages was intended to ameliorate this situation and protect doctors and health facilities from exorbitant damages. However, advocates against caps argue that caps unduly penalize those victims who may require a level of damages to compensate for lifelong losses that can never be regained.
In 2015, a Michigan doctor pleaded guilty to purposefully misdiagnosing patients with cancer and treating patients with strong cancer drugs they did not need. He also pleaded guilty to Medicare fraud, receiving kickbacks, and money laundering. The doctor is currently serving a 45-year prison sentence. A misdiagnosis that leads a healthy person to believe he or she is sick is a nightmare. This extreme example does showcase patient vulnerability and the trust they put in attending physicians.
Draft what is known as a "demand letter" to the doctor or other professional you believe is guilty of malpractice. In the demand letter you set forth the general nature of your claim, including the damages you suffered. Set forth the amount of money and other conditions you are willing to accept to settle the case. Set a specific deadline for the professional to satisfy the demand made in your letter. Advise that if the deadline is not met, you will take further legal action.

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.
Here is the step most people don’t realize. If the patient’s lawyer wants to take the case further, they need to get an expert witness. That will cost them a lot of money. So if the case is weak, they will do some sort of calculation. For example, they will say they spent 50 hours so far, and they want to make 10,000 for that, so they will offer to dismiss the case for 20,000, which they will split with the patient. Many cases will settle at this point, because it’s easier to spend a little money and avoid the massive costs of going to court, as well as avoiding the risk of a big payout to the patient. This is the reason I say it’s easy to sue a doctor for malpractice, lose the case, but still make some money.

Certainly, anyone who travels internationally could foresee a circumstance leading to medical treatment abroad. Automobile accidents, heart attacks, illness, and other unexpected medical emergencies can occur overseas during travel, just like they do at home. Moreover, the concept of “medical tourism” is popular with millions of Americans. Medical tourism refers to people that visit a country other than their own for medical treatment. Sometimes, people go abroad to seek treatment, such as a particular drug for a particular disease, that is not permitted in the United States. Other instances include people visiting countries that have well-trained doctors who can perform surgeries, both elective and otherwise, at a cost much less expensive than in the United States. In fact, savings can be as much as 88%, even after factoring in the cost of travel!
Copyright ©2018 Enjuris.com. All rights reserved. Terms and conditions The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. Our site and services are not substitutes for the advices or services of an attorney. We recommend you consult a lawyer or other appropriate professional if you want legal advice. Read our full terms and conditions, privacy policy, and submission guidelines.
Most states have case law requiring courts to simultaneously treat those who represent themselves, known as pro se (pronounced “pro say”) litigants by the same standards as a minimally competent attorney. However, they are also usually required to give pro se litigants the benefit of the doubt. This strange double standard can lead to unusual and unpredictable results.
Abuse (Child, Domestic, Sexual) Agencies & Administration Automobile (DUI, Crimes, Speeding) Automobiles (Accidents, Insurance) Banking (Business, Consumer, Mortgage) Bankruptcy (Business, Consumer) Bars & Restaurants Business Formation & Dissolution Children (Adoption, Custody, Support) Class Actions (Bad Drugs, Products) Commercial Law and Contracts Commercial Real Estate Constitutional Law Construction (Disputes, Liens) Credit (Collections, Rights) Criminal Defense (General/Other) Discrimination/Harassment (Age, Sex) Divorce Eminent Domain or Condemnation Employment Contracts Entertainment & Media Environmental Law/Zoning Regulation Family Law (General/Other) Faulty/Defective Products/Services (Auto, Drug) Financing & Taxes Government (General/Other) Health Care & Insurance House or Condominium Husband & Wife Injuries (Personal, Workers Comp) Injury Accidents (Auto, Wrongful Death) Insurance (Auto, Health, Life, Property) Intentional Injuries (Assault, Bites) Investments (Annuities, Securities, IPOs) Juveniles Landlord/Tenant Malpractice (Medical, Professional) Parents (Elder Law/Care, Medicare, SSI) Patents, Copyrights, Trademarks, etc. Pay and Benefits Personal Crimes Police, Prosecutors and Government Probate & Contested Wills Property Crimes Real Estate/Property (General/Other) Social Security Taxes Transportation (Air, Rail, Sea, Truck) Unfair Competition Unions Visas, Citizenship, Deportation, etc. White Collar Crime Workers' Compensation Wrongful Termination

In a handful of states, the court sets (or at least can consider the reasonableness of) the percentage that a plaintiff’s medical malpractice lawyer can receive after a successful case. For example, in Arizona, either party may request that the court review the reasonableness of an attorney fee agreement in a medical malpractice case.   And in Tennessee, the court itself sets the amount that the attorney will receive, and the lawyer's "cut" may not exceed 33 and 1/3 percent.
Here, this issue is going to be whether, in reviewing the tests, it was within the applicable standard of care to diagnose you as having a UTI. Secondly, if you have now been correctly diagnosed as having bladder cancer, is your proposed treatment protocol any different than what would have been done if this had been caught during the first couple of visits. You then must assess what additional treatment costs you have incurred, or will incur as a result of the delay. None of this can be done without a detailed assessment of your medical records, by a competent med. mal. attorney and the proper experts.
Your lawyer will decide whether or not to pursue your case against the hospital.  If the lawyer takes the case, he will then need to retain an expert medical doctor to submit an affidavit detailing how the treatment was below the standard of care, and how that departure from the standard of care led to an injury.   The case will then go through the pre suit process, which is a 90 day period during which the hospital investigates the claim.  At the conclusion of the presuit period the hospital can deny the claim, or accept responsibility.  Often times the parties will agree to mediate the case during the presuit period, and this often results in a settlement.  If the case does not settle during presuit, the lawyer will then file a complaint of medical negligence against the hospital. This is where the work really begins.

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.
Intensity. The more intense the mental anguish, the better chance you have of proving that your emotional distress was severe enough to deserve compensation. In some cases, however -- particularly, cases alleging negligent (rather than intentional) infliction of emotional distress, courts will typically require some sort of physical injury as well.
Emotional distress is a type of claim of damages for injury due to either the intentional acts or negligence of another. Severe emotional distress refers to any form of disabling mental or emotional condition, including neurosis, chronic depression, psychosis or phobia, which may be recognized and diagnosed by the proper medical professionals. Temporary anxiety or fright, regret, or disappointment, on the other hand, is not considered severe emotional distress.
Unfortunately there are no limits on how long they can take to deal with your complaint, and it can depend on factors such as how many staff they need to speak to and how easy it is to access your medical records. But be persistent. If you’ve been waiting for more than six months for it to be resolved, you can report it to the independent Parliamentary and Health Service Ombudsman (ombudsman.org.uk).
There are no guidelines for determining the value of a malpractice victim’s pain and suffering. A jury cannot look at a chart to figure out how much to award for pain and suffering. In most states, judges simply instruct juries to use their good sense, background, and experience in determining what would be a fair and reasonable figure to compensate for the plaintiff’s pain and suffering. Because juries are given so little guidance about how to calculate damages for pain and suffering, awards of pain and suffering damages can vary widely among plaintiffs with similar injuries.
Non-economic damages cover certain type of injuries that are not out-of-pocket losses, including pain and suffering, disability, disfigurement, humiliation, mental anguish, loss of consortium (companionship) as well as emotional distress. Because these damages are often difficult to calculate and, juries may overcompensate and non-economic damages can exceed actual economic damages. There is no standard formula to calculate these non-economic damages; therefore they vary on a case by case basis and are referred to as subjective damages because they differ according to a plaintiff's personal or subjective experience.
Unlike regular insurance firms, the CMPA fights cases, even if settling would be cheaper. “(We) recognize that the reputation of any professional is highly important to their ability to continue to pursue their career. Accordingly, when the CMPA believes the care provided was appropriate, we provide the physicians with an appropriate and ethical defence,” says the CMPA’s Dr. Douglas Bell. Toronto lawyer Paul Harte argues the strategy intimidates many lawyers from bringing cases forward and denies injured patients access to justice.

Several states have sought to control increasing non-economic awards by implementing compensation caps for these types of damages. Most of these compensation caps directly address medical malpractice issues where malpractice premiums rose to a level to become disincentives for physicians to practice. The tort reform of non-economic damages was intended to ameliorate this situation and protect doctors and health facilities from exorbitant damages. However, advocates against caps argue that caps unduly penalize those victims who may require a level of damages to compensate for lifelong losses that can never be regained.


Thank you for your comment, Ziggy. It might interest you that the Court's exact language was: "We do not regard the sending of truthful information pertaining to the criminal conviction of an admittedly rough-and-tumble labor official to his fellow union members, the placing of such a person under the kind of surveillance indicated in this record, or the sending of truthful information about his extramarital affair to his wife to meet the test [of outrageousness]."
7. Hospitals are afraid of this investigation: If a violation of the statute is alleged, the federal government comes into the medical facility and investigates not just the claimed violation, but any violation of any type from the statute. This gives the plaintiff lawyer great leverage with the hospital to settle both the state malpractice and federal EMTALA claims quickly and quietly.
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.

In short, you can sue a doctor when all of these things are true; he didn’t follow reasonable care, didn’t show a property duty of care, you suffered a material loss and there is a direct link between your material loss and the doctor’s failure in his duty of care. Be aware though that doctors have mandatory liability insurance through the Canadian Medical Protective Association (CMPA). The lawyers CMPA hires are going to rigorously defend the claim which can make the lawsuit a long one. As always, consult with a lawyer if you want to find out whether you would be successful if you started a lawsuit, and how long such a lawsuit would take.
How can you prove that a reasonable doctor would have reached a different conclusion? First, it’s important to understand the concept of differential diagnosis. Doctors use a system called differential diagnosis when diagnosing their patients. After evaluating the patient, the doctor is supposed to make a list of conditions that match the patient’s symptoms and rank them based on how likely it is the patient has the condition. Then, it is up to the doctor to eliminate conditions off of this list until he is only left with one, which will end up being what he diagnoses the patient with. To eliminate other conditions on the list, the doctor must order tests, asked detailed questions about symptoms, examine the patient’s medical history, or refer the patient to specialists.
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.
Examples of doctor negligence involve patients' complaints not being taken seriously enough, illnesses being incorrectly diagnosed, GPs refusing to carry out blood tests, incorrect or inappropriate medication being administered, incorrect doses of medication being prescribed, referrals to specialist consultants not being made in time or at all and follow up appointments/treatments not been carried out quickly enough . They can also include serious illnesses (such as cancer) being misdiagnosed as something less serious, broken or fractured bones going undiagnosed due to lack of referral for x-ray, failing to follow-up on a patient’s complaints and concerns, failing to correctly identify an illness or injury and treating an injury or illness in a manner which leads to complications and/or further injury or illness.

1. When a person comes into a medical facility and asks to be evaluated, the hospital must provide a medical screening examination (MSE) to determine if there is an emergency medical condition (EMC), including active labor. The hospital may not decide on treatment based on your ability to pay and may not delay treatment to your detriment because they want to prove you can pay, such as pre-authorization from private health insurance. Thus the statute puts your welfare above the pocketbook of the hospital. The statute requires the hospital to use the medical equipment on hand, such as xray, CAT scan, MRI, EMG, EKG equipment as part of the emergency medical screening (EMC) process. So if the hospital just figures you are ok without doing tests, they may be liable under EMTALA. EMTALA applies to any patient coming in to the hospital, not just indigent patients.
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.
Previously, a New York appeals court had also ruled that a couple was allowed to sue a fertility clinic for emotional distress after the clinic implanted the female plaintiff’s embryo in another woman, and although neither of the plaintiffs suffered physical injuries, the appeals court ruled that the couple had suffered substantial emotional injury due to the defendants’ breach of their duty of care.   
Unfortunately, just because one of these things occurs does not mean you have a claim. Medicine is not an exact science, and the law does not obligate doctors to be error-free 100 percent of the time. If doctor error occurs but there is no breach of a standard of care, you may not have a strong claim. If however, doctor error occurs and there is a breach of a standard of care, then malpractice may have occurred.

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.


An injury was caused by the negligence - For a medical malpractice claim to be valid, it is not sufficient that a health care professional simply violated the standard of care. The patient must also prove he or she sustained an injury that would not have occurred in the absence of negligence. An unfavorable outcome by itself is not malpractice. The patient must prove that the negligence caused the injury. If there is an injury without negligence or negligence that did not cause an injury, there is no case.

With the exception of a small minority of cases, the Florida medical malpractice statute of limitations is a hard and fast rule. Consequently, if you fail to file a claim or lawsuit for medical malpractice within the allotted time frame, you will be precluded from ever seeking monetary damages in your case. If you suspect that you sustained an injury or illness as a result of doctor negligence, you should contact the medical malpractice lawyers at Dolman Law Group as soon as possible.
×