Severe or disabling permanent injuries, such as a traumatic loss of vision, brain injury, or debilitating loss of mobility, are usually multiplied by 5 times; however, an automobile accident or serious injury that tragically leaves you in a wheelchair, or with disfiguring scars, or even the death of a loved one, may be multiplied by up to 10 times.
People go to see the doctor when ill or after suffering a serious injury. When you make an appointment to see your doctor, you trust that the doctor will help to improve your condition or injury – not make it worse. Doctors and other healthcare providers hold people’s lives in their hands. Consequently, when providers make serious medical mistakes, they can and should be held responsible for their negligence.
I had the same issue after my daughter passed from medical harm. I did at one point have a signed contract with an attorney. He had a friend in the medical field that he felt could review her 2,500 pages of medical records. However, when his friend explained that because she was an infant who went in for heart surgery, you'd require two specialists to review my daughter’s chart and testify. I was told it would cost roughly $50,000 to $75,000 per specialist. This doesn't include normal costs for the attorney. It didn't take long for the attorney to send me a letter stating he couldn't help me. I added that letter to the other dozen all stating we had a good case, but the financial limits made it impossible for them to take it. It was business.

Medical malpractice insurance carriers generally require very large deductibles from their insured doctors. Furthermore, most states have laws that require doctors to report any claims of medical malpractice to a state-run board, which can result in higher insurance rates. Doctors may be willing to settle for an amount at or around the amount of their deductible, as it will abrogate the need for them to report the case. They are simply choosing to pay you the amount of the deductible instead of paying the insurance company. Seek counsel before accepting this type of settlement, as you need to be sure your future medical needs will be provided for.
Malpractice lawyers decline cases because potential compensation doesn’t justify legal costs, Knutsen says. It only makes sense to accept “high-value cases,” meaning those with potentially big claims. The decision rests on the “entirely distasteful” exercise of calculating the value of a life. “It’s cheaper to kill someone than to maim them. In our legal system, as long as you are alive, you have a claim for income loss and pain and suffering. If you’re dead, those claims expire,” Knutsen says.
Like any profession or job doctors and other medical professionals can make errors of judgement or neglect to carry out their duties to the required standard. Usually this is not the case and the vast majority of medical practitioners do excellent work every day in our hospitals and clinics. When they do occur, however, incidents of hospital negligence and medical errors are often due to the pressure (and fatigue) of working long hours in what is undoubtedly a stressful environment.

In the civil law arena, one of the most complex and challenging types of claims is a case involving malpractice. Attorneys that represent clients in malpractice cases tend to be specialists with a significant amount of experience. With that said, perhaps you made the decision to pursue a malpractice claim with no lawyer. If that is the case, you must understand the basics of how to process a malpractice claim without legal assistance.
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.
In July 2003, Toney delivered a boy with profound deformities, including partial arms and legs. Toney sued Dr. Goyal and Chester County Hospital in 2005 for negligent infliction of emotional distress, alleging that Dr. Goyal did not prepare her for the shock of witnessing the birth. Toney said she experiences ongoing grief, rage, nightmares, nausea, hysteria and insomnia. The lawsuit did not include a medical negligence claim.
For example, John Smith went to his local doctor because he had a black spot on his foot and his leg was painful.  His doctor sent him to a surgeon who suggested a special procedure using a needle inserted into his leg artery to see whether the veins in John’s foot were blocked.  The surgeon botched the procedure and John’s artery was damaged.  Several weeks later John’s leg had to be amputated.  When John consulted a lawyer and the lawyer investigated his claim, the lawyer found that John’s original foot condition was gangrene and he was always going to have to have his leg amputated, so the surgeon’s negligence in performing the procedure did not leave John worse off than he would otherwise have been and he fails the test of causation.

If a piece of machinery fails during an operation, the doctor is not at fault unless they knew the machine was faulty and proceeded anyhow. There are several people or entities who could be to blame from the incident including the manufacturer of the equipment. One of our personal injury lawyers can advise you on any possible claim based on the details.
Providing a range can also be beneficial in allowing the jury to make the determination as to what the final number will be. Your attorney can then ask the jury, “what is missing out on an activity you loved to do with your spouse worth weekly? $5? $25? $100?” If that person is 40 years old at the time of the crash and is expected to live another 42 years, the price for that loss over a lifetime ranges from $10,920 to $218,400. Presenting multiple stories from different witnesses demonstrating the extent of your pain and suffering damages and including a monetary range for each will allow the jury a viable opportunity to compensate you for that loss.
Having a rude, seemingly pompous doctor is unpleasant, believe me I know. However, medical malpractice law comes right out and says in black and white that an unfortunate medical result does not make a medical malpractice case. A medical malpractice case requires a demonstration that there was health care that fell below the average standard of care, and that this below-average care directly caused injuries.

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.


Damages in a personal injury case, whether they be economic or non-economic, are generally limited to the coverage limits of the insurance policy. Often, this means that a person cannot sue an insurance company for a million dollars if the insurance coverage the defendant held only had a limit of $50,000. The most concrete way to think about this example is in the automobile insurance industry.
The Florida Supreme Court has explained what plaintiffs must prove in order to recover emotional distress damages. The simplest way to prove emotional distress is with a physical impact that results in a physical injury, like a car accident. It’s not hard to prove that emotional trauma often accompanies physical trauma. However, a plaintiff may also demonstrate emotional distress by proving that he or she:
In order to have a malpractice claim, your medical professional must have acted negligently. This is to say that your doctor failed to treat you with a standard of care. A standard of care is the agreed upon method or methods employed by medical providers in the given geographic area for a condition or illness. This standard changes depending on a number of factors, including the age of the patient and the condition being treated.
If you or someone you love has been injured by a doctor or medical professional, then you must take some initial steps to ensure you can get results. No one wants this to happen to them, but if it does, it is also important something happens to ensure that it will not happen to someone else later on. It is also important you or your loved one receives compensation for your injury. If you feel you have been injured by a doctor, then contact Wolf & Pravato to schedule a consultation and learn more about your rights.

X. The medical practitioners at times also have to be saved from such a class of complainants who use criminal process as a tool for pressurizing the medical professionals/hospitals particularly private hospitals or clinics for extracting uncalled for compensation. Such malicious proceedings deserve to be discarded against the medical practitioners. XI. The medical professionals are entitled to get protection so long as they perform their duties with reasonable skill and competence and in the interest of the patients. The interest and welfare of the patients have to be paramount for the medical professionals.

There are two general types of pain and suffering: physical pain and suffering and mental pain and suffering. Physical pain and suffering has to do with a medical malpractice victim’s actual physical injuries, i.e., his/her bodily injuries. It also includes conditions like scarring, disfigurement, and permanency of the malpractice victim’s injuries.


In order to have a malpractice claim, your medical professional must have acted negligently. This is to say that your doctor failed to treat you with a standard of care. A standard of care is the agreed upon method or methods employed by medical providers in the given geographic area for a condition or illness. This standard changes depending on a number of factors, including the age of the patient and the condition being treated.
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.
I have been seen about 6 times for UTI ( bladder infection) Each time all my symptoms have been the same, but three days later (after they treat me for the bladder infection) the culture comes back negative. Finally today they said it could possibly be Bladder Cancer. I have had all the symptoms of bladder cancer and no body has ever taken the time to test me. So in all can i sue for them not looking more into this throughout the past two years when all these problems started happening? Since it could be cancer, and it could be too far along to treat.

In the civil law arena, one of the most complex and challenging types of claims is a case involving malpractice. Attorneys that represent clients in malpractice cases tend to be specialists with a significant amount of experience. With that said, perhaps you made the decision to pursue a malpractice claim with no lawyer. If that is the case, you must understand the basics of how to process a malpractice claim without legal assistance.
For minor to moderate injuries, you’ll place a multiple of 1 – 5x on the total of your special damages. The number depends on the seriousness of your injuries, and whether they were soft tissue or hard injuries. The more serious the injuries, the higher the multiple. For very serious injuries, you’ll need an attorney to calculate the proper demand.
Ways an accident has affected you can be very personal in nature. For instance, an injury victim may have been a member of a bowling league with her spouse for twenty years prior to an accident occurring. They bowled together every Thursday evening with their friends and this weekly ritual became a cornerstone of bonding in their marriage. Following the accident however, the injury victim suffered neck injuries that prevented her from being able to bowl. She begins to feel isolated from her spouse and her friends. Thursday evenings are now spent utilizing heating pads and taking prescription narcotics in attempts to alleviate the pain.
For example, the Court of Appeals of Texas said in 2006 that the parents of a stillborn baby could sue the Harris County Medical Examiner's Office for causing mental anguish after the office allegedly lost the baby's body during an autopsy. The court said the county's relationship with the parents constituted a "special relationship" under which mental anguish damages were allowable in the absence of physical injury.
See if you can sue for emotional distress as a third party. In some states, you can sue for emotional distress as a third party. For example, you might have a case if your child or someone close to you was physically harmed in an incident. This incident must have occurred right in front of you. You would have a more solid case if you were also physically injured or experienced the threat of injury.
Before you sue your doctor for medical malpractice, take some time to consider whether you believe your case meets the threshold for a medical malpractice claim. Did your doctor breach the medical standard of care and did that breach cause you to suffer damages? Be honest with yourself. But for your doctor’s breach of the standard of care, would your injuries have occurred? If your answers are “yes” and “no” to those questions, your case may have a shot. If you can allege, with expert support, that your doctor breached the standard of care, and but for his breach your injuries would not have occurred, your case will likely not be immediately dismissed.
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