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?
Thomas found a medical malpractice attorney to file a lawsuit on her behalf. But then he withdrew, she said, because he wouldn’t make much money if they won. Thomas had just started a consulting business and didn’t make much. Because economic damages in lawsuits are largely based on lost income, she was told the potential rewards weren’t high enough, she said.
A physical impact is not necessary for an emotional distress claim when there is a breach of fiduciary duty, the superior court said. Doctors have a legal and ethical responsibility to care for patients' well-being and, under the circumstances, it was reasonably foreseeable that Toney would endure emotional distress during the birth of her son, the court said.
Any condition can be misdiagnosed, but there are some that doctors fail to diagnose at a much higher rate than others. Since a great deal of cases of misdiagnosis occur in emergency rooms, many of the commonly misdiagnosed conditions are incredibly serious. Patients who are taken to emergency rooms with symptoms of a heart attack are often told that they are having indigestion or a panic attack. A patient who is having a stroke may be told that his symptoms indicate he is experiencing a bad migraine headache. Doctors can also make mistakes when diagnosing cancer. A doctor may fail to order the appropriate tests or may misread test results and tell the patient that he does not have cancer, when he actually does.
This is probably the number one reason why you don’t want to sue your doctor. While it is true that most lawsuits can take some time to become resolved, it is well worth the wait. However, there are ways to speed up the process: file your lawsuit as soon as it is determined that the case has merit and make sure that the court imposes deadlines for every step of the lawsuit, such as specific dates for depositions, defense medical examinations, and the exchange of discovery responses. This will prevent the lawsuit from the inevitable delays presented by defense attorneys and their insurers and keep the case on the proverbial “fast track” to trial.
There are rare occasions where doctors or other medical service providers will admit they have made a mistake and will seek to come to some kind of settlement with an injured party. Tread lightly in these situations, as you may be trading a quick resolution for a substantially lower amount of compensation. However, in cases that are not particularly serious -- specifically, cases worth $20,000 or less -- you may find that settling directly with a doctor is possible.
When considering whether or not you can sue a doctor for negligence, you must ensure you bring suit within the deadline set by law, called the statute of limitations. All civil claims and lawsuits must be filed within a certain period of time. In the case of Florida doctor negligence, a patient ordinarily must bring a claim or lawsuit within two years after the patient discovers—or should have discovered—the injury. At the very latest, you must file the lawsuit within four years from the date when the alleged malpractice took place.
Did the change in lifestyle trigger disturbing depression or anxiety? If you have never experienced depression before, many describe it as feeling despondent, as if a black cloud were hanging over your head. Sometimes, if the injury is taking a long time to heal, you may feel hopeless, that you will never get better. Examine the differences in your lifestyle to determine the negative impact of your personal injury.
First, you must show that the health care provider acted negligently. Medical negligence occurs when a professional violates the standard of care. The standard of care is the professionally accepted method for treating a specific disorder. This standard varies depending on a number of factors including the patient's age, overall health, and specific disorder, as well as geographic location.
Whether the doctor lived up to the standard of care will likely require an expert opinion. One of the issues the expert will examine is the defendant doctor's differential diagnosis method. When trying to diagnose a patient, a doctor makes a list of diagnoses in order of probability and tests them by asking the patient questions, making further observations of the patient, or ordering tests. The goal is to rule out diagnoses until there is only one diagnosis remaining. However, in many instances, a doctor learns more information that requires him or her to supplement the list with other potential diagnoses.
I think one of the reasons people end up being channelled into the clutches of ambulance-chasing lawyers is the often bewildering NHS complaints system, at times a frustratingly slow and impersonal process. But in almost all cases, you can air grievances, and resolve disputes, quickly, with the minimum amount of fuss, without paying a penny – and here’s how...
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.
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.
Halifax lawyer John McKiggan, author of Health Scare, argues that the reasons for poor outcomes in medical procedures are often kept hidden. McKiggan cites the 2004 Canadian Adverse Events Study that found that 70,000 of the 185,000 adverse effects suffered annually by hospital patients are potentially preventable. Between 9,250 and 23,750 patients die annually from preventable errors, involving doctors and other health practitioners.
Significantly, your attorney can only use these examples of loss to illustrate your injuries if you provide it to him or her. If your case is in litigation you will most likely sit for a deposition (your testimony given under oath before a court reporter who is taking down questions directed to you by the defense attorney and your responses). In preparing for your deposition, your attorney may ask you to explain how this accident has affected your life. Be ready to give real life examples so that your attorney can best advocate on your behalf.
Do you have skeletons in your closet? Were you less than truthful about your health and/or physical condition? Are you prepared to subject yourself to hours of questioning from attorneys, both yours and likely several others? Are you prepared to make financial disclosures that will become public? When you file a lawsuit, particularly a medical malpractice lawsuit, your life becomes a very open book -- nearly everything is fair game.