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.
In the context of the doctor-patient relationship, proving the necessary elements of an emotional distress claim can be difficult. Plaintiffs may need medical evidence, from psychologists or orthopedists, of emotional or physical injuries -- the more intense the mental anguish and the longer the suffering, the more likely you'll be able to prove emotional distress. And the more extreme or outrageous the underlying conduct, the more likely you'll be able to link your distress to that conduct.
No matter your jurisdiction, medical malpractice claims and lawsuits are primarily about one thing: accountability. People trust that doctors will take care of them and make their condition better in a patient’s hour of need. When doctors fail in that responsibility, they must be held accountable for the negligent actions they took – as well as for the actions that they failed to take under the circumstances.
Expert testimony is required. Expert opinions are often a crucial feature of the patient's case. A qualified expert is usually required at trial. (And often, expert testimony or an expert affidavit is required at the malpractice review panel proceedings prior to commencing trial.) State rules vary as to what makes somebody qualified to provide expert medical testimony, but generally it is someone with experience in the particular field at issue. In a very limited number of circumstances, expert testimony is not required, such as when a surgical towel is left inside the patient after a surgery.
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.
This is medical negligence. The 1) the standard of care requires a surgeon, the surgical team, and the hospital, to not leave surgical instruments inside of a patient 2) the doctor fell below the standard of care, 3) and it made the man sick for a year 4) which caused him pain and suffering, to miss work, and to incur unnecessary medical expenses both in dealing with the mystery illness after the first surgery and again for the second surgery to remove the gauze.
When my father passed from MRSA acquired after open heart surgery (acquired either in the hospital or rehab center) I called 40 attorneys and was told the exact same thing as the article states: He was too old, had lost his viability (translate earning potential) and had no wife (she had died). Most of them would not tell me why they would not take the case, but one did. It's not only hard to hear that your elderly parent has no value legally, but this is exactly why doctors and hospitals and other medical facilities continue their poor attempts at keeping hospitals as clean as possible. They answer to no one.
Indeed, even the standard jury instruction does not provide the jurors with guidance in determining a figure. Abstract concepts, ambiguity and confusion are all defense tactics utilized by defense attorneys to dismantle your viable personal injury claim. This is why it becomes critical to open up to your attorney about the extent of your injuries and the complete impact that your injuries have had on your life.
Have you suffered because of a medical professional’s failure to diagnose your condition? If so, it’s in your best interests to seek legal representation from an experienced medical malpractice attorney as soon as possible. Contact Carpenter, Zuckerman, & Rowley today to schedule a free consultation with our team of experienced medical malpractice lawyers.
Doctor's surgeries also have a legal duty to provide an acceptable level of care to their patients. This will take into consideration issues such as waiting times, diagnoses and administration. If the surgery fails to reach the standards reasonably expected of the medical profession, and this directly harms their patients, the doctor's surgery will have been negligent.
A woman went on a cruise, where the cruise photographer took a photo of her even after she told him not to. The cruise photographer then photoshopped a gorilla head onto her photo, where it was displayed in a gallery with other passengers. For the duration of the cruise, the crew harassed her, even using a gorilla suit and making lewd comments to her, causing her to stay in her cabin. The Court held that the woman could sue for IIED because she had “good reason to be emotionally perturbed, humiliated, and embarrassed” by the conduct.
Medical malpractice among doctors is a serious issue nationwide. If you have been injured as a result of a serious medical mistake, you should seek legal consultation to discuss filing a medical malpractice claim against your doctor. Proving medical malpractice is not always easy and often requires the expert testimony of another health care provider, who must testify that medical negligence occurred in your case.
Jot your concern down on a bit of paper, and how you want it put right. Be calm. Approach a member of staff, explain your problem briefly and ask to see someone senior. Most doctors and nurses are generally compassionate people and trained in dealing with patients, so they should be willing to listen to your complaint. It’s much more satisfying to receive an explanation from a member of staff who already knows you than a faceless person at the end of a phone.
Many people mistakenly choose to file medical malpractice lawsuits because they are unhappy with the results of their treatment. However, a poor result -- even death -- does not always equate to malpractice. Medicine is an inexact science. Even the most routine procedure can result in complications both foreseen and unforeseen. There are no guarantees that any treatment, no matter how commonplace, will be successful. As such, it is possible -- and even common when it comes to some procedures -- for doctors to do everything right and still fail to obtain a good result.