Under NO circumstances is your doctor allowed to leak, alter, or otherwise use your medical information against you in retaliation for filing a malpractice lawsuit. There are severe criminal, civil, and judicial penalties for taking such illegal actions. For engaging in an act such as altering your medical records, your doctor could face anywhere from criminal fraud charges to the loss of his medical license.
Search for disciplinary sanctions. Visit your state’s disciplinary board to see if the attorney has been sanctioned in the past. Attorneys are sanctioned for ethics violations, such as disclosing client confidences or failing to respond to client emails. They are not sanctioned for failing to win cases, unless their performance was so low as to be negligent.
The biggest hurdle for patients to get over in bringing a claim is a law that sets up a defence for all professionals accused of negligence.  It says that if the professional acted in a way that was widely accepted in Australia by that professional’s peers as competent professional practice then the professional is not liable.  Note that ‘widely accepted’ does not necessarily mean that the majority of professionals have to agree to the practice.
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".
The study recommended reforming the system by increasing funding for legal services, so attorneys could be compensated for their time; making defendants who lose a case pay the plaintiff’s attorney fees; or sending malpractice complaints to an administrative system with neutral adjudicators and medical experts so patients wouldn’t need an attorney. 
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...

“I was very fortunate to have Richard Jaffe of Law Office of Cohen & Jaffe, LLP, represent me in my case. Throughout the entire process, Rich was professional, always explaining every detail of my case. He was available whether it was through a phone call, text or email. Not only was Rich an extreme professional but he also kept it personal, not making me feel like a case number. I would highly recommend Richard Jaffe, his firm and all of his staff to anyone seeking diligent and professional results.”


Here is the step most people don’t realize. If the patient’s lawyer wants to take the case further, they need to get an expert witness. That will cost them a lot of money. So if the case is weak, they will do some sort of calculation. For example, they will say they spent 50 hours so far, and they want to make 10,000 for that, so they will offer to dismiss the case for 20,000, which they will split with the patient. Many cases will settle at this point, because it’s easier to spend a little money and avoid the massive costs of going to court, as well as avoiding the risk of a big payout to the patient. This is the reason I say it’s easy to sue a doctor for malpractice, lose the case, but still make some money.

Once you have figured out what kind of case you have, you will need to prepare your documents and file your lawsuit. Sometimes you can obtain forms for your lawsuit from either the clerk of court or local law libraries, but not always. Similarly, legal aid groups may be able to help you complete your paperwork, evaluate your claims, and give you advice on what to file, where, and how much your filing fees will be. When your paperwork is ready you will need to file it with the clerk of court, pay a filing fee, and arrange to have a copy of the lawsuit and summons served on the other party. If you are unable to afford the filing fees, you can usually apply for indigent status and ask for a waiver of these fees.
While most people may immediately think of a formal lawsuit when they consider seeking compensation for injuries caused by medical negligence, the fact is that in some situations, avoiding the expense and potential uncertainty of a formal lawsuit may result in a more favorable outcome. Others simply want to avoid "suing their doctor", but want to get compensation for their injuries. Read on to learn more about the options for resolving your medical malpractice case outside of the traditional court setting.
When it comes to lawsuits over misdiagnosis, plaintiffs need to follow the same steps for proving medical malpractice as in any other kind of case. It must be shown that, in failing to accurately diagnose a harmful health condition, the doctor failed to demonstrate the level of skill that a similarly-trained and experienced doctor would have shown under the circumstances.
You may also have suffered financial loss as a result of your GP’s negligence if, for example, the time you have been required to take off work because of your injuries or illness has been prolonged due to the negligent act or omission of your GP. Suing your doctor may seem like a daunting prospect but it does not need to be with 1st Claims. We will support you every step of the way.
Misdiagnosis in a hospital emergency room can be caused by the pressure and reduced time available to look into various differential diagnoses. Unusual illnesses or illnesses that are distinctive to a particular population are more likely to be missed. For example, a homeless person who comes to the emergency room asking for pain medication may be taken less seriously than an ordinary person who comes in wearing clean clothes and complaining of stomach pains. This may result in a missed diagnosis of appendicitis regarding the homeless person.
We offer a completely free, no obligation Medical Negligence Claim Assessment. We understand that suing your GP may not be an easy decision so we are here to help and advise you. We will take the time to listen to your complaint, and then explain whether you can sue a doctor, how long it might take, how you can fund the claim and how much compensation you might receive.
Again – so what? Do you really want to be going to a doctor that injured you and caused you pain and suffering? There are much better options out there. You found this doctor. You’ll find another one. There are numerous resources available to help you find a new, more competent physician. A simple Google search of “find doctor New York” will yield a multitude of websites designed to do just that. If you have health insurance, contact your insurance company. They can usually provide you with a list of doctors in your area that are covered by your plan. Also, don’t under-estimate the value of your friends and family as a helpful resource regardless of whether or not you have insurance. Talk to them to find out what doctors with whom they entrust their health. In no time at all, you will be sure to find the right doctor for you.
Personal injury, or tort, law, allows a person to recover in civil court for the physical, emotional and/or financial injury caused to them by an outside party. The emotional component of personal injury is most often represented by claims of negligent or intentional infliction of emotional distress. Although neither of these claims necessarily involves physical injury, NIED and IIED can have devastating and long-term impacts on a person’s life in ways that surpass many physical injuries. The bar for proving sufficient emotional distress is a fairly high one to succeed on a claim of negligent infliction of emotional distress (NIED), and is even higher for intentional infliction (IIED). This article will examine some common causes of action and the elements of negligent infliction of emotional distress.
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.
Doctors aren’t perfect. They make mistakes. Some mistakes will have zero impact on your health and on your personal injury case. Some mistakes or impossible to prove. But other mistakes can have a devastating impact on your health. That’s where we step in. Goldfinger Law has been helping victims of patient care and medical errors for years with their claims.
This is often the most difficult part of medical negligence cases and even lawyers have trouble getting their heads around it sometimes.  You may be able to prove that a doctor did the wrong thing, but you also have to prove that what happened next was the result of that wrong thing and you have to prove that it would not have happened if the wrong thing had not been done.  Deciding whether or not this is the case involves both factual and legal issues and is sometimes very hard to do.  You really need a lawyer who is highly experienced in medical negligence cases to look at this for you.
“I was very fortunate to have Richard Jaffe of Law Office of Cohen & Jaffe, LLP, represent me in my case. Throughout the entire process, Rich was professional, always explaining every detail of my case. He was available whether it was through a phone call, text or email. Not only was Rich an extreme professional but he also kept it personal, not making me feel like a case number. I would highly recommend Richard Jaffe, his firm and all of his staff to anyone seeking diligent and professional results.”
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.
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.
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