Formal arbitration is a contractual alternative to a lawsuit or trial. In a formal arbitration situation, the parties contractually agree to allow a panel of attorneys (usually one plaintiff-oriented attorney, one defense-oriented attorney and one neutral) to hear their case and adjudicate it on the merits. Liberated from the evidentiary requirements of a formal lawsuit, parties are afforded the opportunity to save a considerable amount of money when compared to trial, while still being allowed to present their case. Formal arbitration is binding and should not be undertaken lightly. Courts are loath to overturn or otherwise alter decisions made by arbitration panels, particularly when the arbitration awards are reasonable in light of potential jury verdicts.
If you believe that you have suffered injuries as a result of a misdiagnosis, it’s important to move quickly to take legal action. California law states that plaintiffs must file a lawsuit within one year after they discover or should have discovered the injury or within three years after the date of the injury, whichever comes first. This may seem like a significant amount of time, but it will pass by very quickly if you are attempting to recover from your injuries. Therefore, it’s strongly recommended that you get in touch with an attorney right away to discuss your case.
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.
The negligence resulted in significant damages - Legal malpractice lawsuits are expensive to litigate. For a case to be viable, the plaintiff must show significant damages that resulted from the negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery. To be worth pursuing, the plaintiff must show that the outcome resulted in losses far in excess of the amount of legal fees and expenses necessary to bring the action.
"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.
Every doctor and nurse has a legal duty to provide a good standard of care. If you feel they have fallen short, you can report them to their regulatory body. For doctors, this is the General Medical Council (gmc-uk.org), or the Nursing and Midwifery Council (nmc.org.uk) for nurses. These bodies can investigate serious mistakes in clinical care, dishonesty or abuse of position, but can’t make a doctor or nurse apologise to you, impose a fine or help you with a compensation claim.
You will first have to find out whether you have bladder cancer to see if you even have a case. If you do have cancer (and I hope that you do not) then you would need a medical expert to be willing to say that your doctor that was treating your for the UTI's failed to diagnose you as having cancer as soon as they should have diagnosed you. This is the hard part of proving this case.
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.
Unfortunately, patients can die as a result of these “adverse events.” If your loved one is one of the 98,000 patients who die annually as a result of medical malpractice, then you still have to take steps. First, you should contact the local medical examiner to set up a forensic autopsy. Sometimes, they will do this on their own as there are specific local laws that may require such an autopsy. If they do not, however, you may have to pay for the autopsy yourself with an independent pathologist. Regardless, it is a good idea to have such a procedure performed along with accompanying toxicology tests to determine the cause of death and uncover any evidence of possible wrongdoing or malpractice.
When you need medical care, you tend to rely on doctors whether it’s your primary care physician or a referred specialist to manage your health in the best way possible. You trust doctors to advise you about your health condition, medication, and routine care. However, there may be times when that trust is broken due to negligence. When medical mistakes or negligence occurs while you or a loved one is receiving medical care, the consequences can be devastating sometimes resulting in death or a lifelong debilitating condition.
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).
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.
Very severe mental pain and suffering can qualify as acute stress disorder or even post-traumatic stress disorder (PTSD). You may have thought that PTSD only affects soldiers or crime victims, but it can affect medical malpractice victims as well. Some people keep replaying all of the bad things that happened to them over and over in their head, and it can become very debilitating.
(3) A professional may be held liable for negligence on one of the two findings: either he was not possessed of the requisite skill which he professed to have possessed, or, he did not exercise, with reasonable competence in the given case, the skill which he did possess. The standard to be applied for judging, whether the person charged has been negligent or not, would be that of an ordinary competent person exercising ordinary skill in that profession. It is not possible for every professional to possess the highest level of expertise or skills in that branch which he practices. A highly skilled professional may be possessed of better qualities, but that cannot be made the basis or the yardstick for judging the performance of the professional proceeded against on indictment of negligence.
Failure to warn a patient of known risks. Doctors have a duty to warn patients of known risks of a procedure or course of treatment -- this is known as the duty of informed consent. If a patient, once properly informed of possible risks, would have elected not to go through with the procedure, the doctor may be liable for medical malpractice if the patient is injured by the procedure (in a way that the doctor should have warned could happen). (To learn more, read Nolo's article Medical Malpractice: Informed Consent.)
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.
There was a violation of the standard of professional conduct - The law acknowledges that there are certain legal standards that are recognized by the profession as being acceptable conduct. These standards of professional conduct are largely determined by the ethics rules of the state bar association. Attorneys have an obligation to their clients and the bar to operate within these standards. Clients have the right to expect attorneys will follow the law, behave in an ethical and honest manner, act in the best interests of their clients with integrity, diligence and good faith, and will execute their matters at a level of competency that protects their legal rights. Lawyers must also maintain and supply clients with full and detailed reports of all money and/or property handled for them. Finally, attorneys must not inflict damage on third parties through frivolous litigation or malicious prosecution. If it is determined that the standards of professional conduct have been violated, then negligence may be established.
Once the claimant has satisfied the pre-suit investigation and notice requirements, the claimant may be able to file a medical malpractice lawsuit in the Florida court system. In order to prevail in a medical negligence case against a doctor, the claimant has the burden of proof. This burden may be difficult to meet, given that there is often a presumption that the doctor acted reasonably and properly under the circumstances.