Loss of consortium refers to the impact the injury has had on the injured party’s ability to provide love, affection, companionship, or services. People often think that loss of consortium refers to the impact the injury has had on a married couple’s sexual relationship. But it’s broader than that. Many states now allow children and parents, in addition to spouses, to bring loss of consortium claims. Note that the person who would sue for loss of consortium is the spouse, parent or child of the person who was injured.
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.

According to the American Journal of Medicine 15 per cent of all medical case in developed countries are misdiagnosed. The National Center for Policy Analysis further states fatal diagnostic errors in U.S. intensive care units equal the number of breast cancer deaths each year — 40,500. Misdiagnosis has become a cause for concern in the medical and legal field because it has fatal consequences.
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.
Loss of consortium refers to the impact the injury has had on the injured party’s ability to provide love, affection, companionship, or services. People often think that loss of consortium refers to the impact the injury has had on a married couple’s sexual relationship. But it’s broader than that. Many states now allow children and parents, in addition to spouses, to bring loss of consortium claims. Note that the person who would sue for loss of consortium is the spouse, parent or child of the person who was injured.
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.
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.
Incidentally, under South African common law, there is the crime of "Crimen injuria", 'defined to be the act of "unlawfully, intentionally and seriously impairing the dignity of another."[1] Although difficult to precisely define, the crime is used in the prosecution of certain instances of road rage,[2] stalking,[1] racially offensive language,[3] emotional or psychological abuse[4] and sexual offences against children.[5' (from Wikipedia).
If you have had emotional distress and sought counseling or treatment from a psychologist or psychiatrist, be sure and keep medical bills, prescription receipts, and records detailing your emotional state. It is important to be as genuine and honest as possible, even though it can be difficult to reveal private, personal information, There is no point in exaggerating your problems, as this can diminish your credibility and actually negatively affect your claim worth.
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.
To file a certificate of merit you must first contact an expert, usually another physician. This expert will review your medical records and certify that the original health care provider deviated from accepted medical practices, which resulted in your injuries. The attorney that you hire will now file the certificate of merit, which confirms that you spoke with a medical expert and that your action has merit.
How is emotional distress defined in the eyes of the law? In most cases, you can only sue for emotional damages if the incident in question physically harmed you. Emotional distress suits are trickier than other types of lawsuits. It’s important to have a solid understanding of the types of emotional distress claims before you attempt to file a lawsuit.
These types of witnesses are inherently biased in that they clearly care about you and would presumably never testify in a manner that would undermine your claim. The defense will often attack witnesses that are related to you either by blood or marriage by suggesting to the jury just that—the witnesses are inherently bias. Therefore, oftentimes the best before and after witnesses are those people who do not have any personal stake in the litigation. These can be employers or co-workers—individuals who are not a “friend” who may be bias, but rather people who see the injury victim on a nearly everyday basis and can provide firsthand knowledge regarding the affect the injuries have had on the person.
In addition to notifying a health care provider that you intend to file a lawsuit, prior to filing suit in most jurisdictions, the injured patient must usually submit an affidavit or certificate from a qualified expert. This affidavit or certificate is usually completed by another doctor who can testify that there are reasonable grounds to determine that medical negligence or medical malpractice took place in a given case. Again, the exact requirements of the certificate vary from state to state and across jurisdictions.
A about a month ago, I called my Doctor office, about an issue I was having, he gave me an antibiotic, but never ran any test to determine my problem. I was having the same problem about a week after, I called again. I was given another antibiotic, and finally he ran a urine test to determine if I had a UTI. It came back ok, he still had me on an antibiotic. I then got worse and I had to go to the ER, and get treated, I then called my Doctor the Monday after, and was seen in office, he looked at me real quick, pushed me out the office and just said I had a STD, and treated me for it with 2 more types of antibiotics he did not run any test to determine if I had an STD,. He made me believe that I had a disease and I felt so low and scared and angry. I have since wrote a letter to my Dr, asking for him to see me and please address my issues in detail with me. He has refused and has decided to drop me as a patient and told me to see a new Doctor. I read where in Pennsylvania you can sue a Doctor for emotional distress, is that true can I sue my Doctor for emotional distress?
No one is infallible however, where a person has a life his/her hands it is expected that they will do all that is require according to the standards expected to have little or no errors. It is on that basis that a person can sue for misdiagnosis because the medical practitioner showed some level of incompetence which is unacceptable. A person can sue the doctor and the hospital if the doctor is an employee of the hospital.
Medical malpractice cases are generally sought by patients who have been harmed or injured due to poor medical treatment or mistaken diagnosis from a medical provider such as a doctor, nurse, technician, hospital or medical worker. Typically, the measure of whether a medical provider was “negligent,” or failed to provide proper care, turns on whether the patient would have received the same standard of care from another medical provider under similar circumstances.
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.
I believe that minor children should have as much right to call a lawyer (a free service provided by the government) to help them when they're being emotionally abused, physically abused, emotionally or physically neglected, sexually exploited, and otherwise maltreated... the very same rights as an adult would have. Children are human beings, they're people, and so they SHOULD have the same rights as adults to bring suit for maltreatment, neglect and exploitation against the people that our society/culture trusts to provide adequate care, aka "parents".
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.

It may not be so easy to file a personal injury lawsuit against a hospital or other health care facility, if what went wrong was limited to the quality of medical treatment you received from a doctor. That’s because in many cases, a physician is not an employee of the hospital, but an independent contractor. So, the hospital may not bear the kind of vicarious liability that typically exists in an employer-employee relationship.
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