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It’s a scary proposition: You put your faith in the hands of a physician only to be injured or harmed in the process. The fact that it happens often is not calming in any way. For instance, a reported 98,000 patients die annually as a result of medical malpractice (http://www.medmalfacts.com/facts-and-myths/). Another study shows 134,000 Medicare patients each month have an “adverse event” where they are injured in some way by doctors or medical staff (http://www.reuters.com/article/2010/11/16/us-medicare-errors). Unfortunately, if you are harmed in some way by your physician, then you have certain steps that you absolutely must take if you want to get some form of justice or compensation. Here’s an idea of what you have to do if you are injured by your physician (http://www.propublica.org/article/what-to-do-if-youve-suffered-harm).
If a personal injury claim was always as simple as only having special damages, things would be more clear cut. However, a personal injury claim almost never ends at special damages. Oftentimes, an injured person also suffers non-monetary damages that one cannot easily place a price on. This is the problem with pain and suffering claims, and thus the need for a way to calculate a number that is fair for the insurance company and the injured victim and family.

Inconsistency in one’s complaints can be a sign that the injured person is making something up. If, for example, someone with a back injury tells Doctor A one day that he/she is having pain down the left leg, tells Doctor B another day that the pain is down the right leg, and tells physical therapist C another day that he/she has never had pain down either leg, that person is going to have a hard time convincing anyone that he/she is having pain anywhere.
Apart from money damages awarded in trial, money damages are also given informally outside the judicial system in mediations, arbitration (both of which may be court annexed or non litigated claims) as well as in routine insurance settlements. Individual claimants or those represented by lawyers often present demands to insurers to settle for money. These demand for bodily injury compensation monies often set out damages that are similarly used in the court litigated pleadings. Demands are usually written summaries of a claimant's medical care and the facts which resulted in the injury.
Apart from money damages awarded in trial, money damages are also given informally outside the judicial system in mediations, arbitration (both of which may be court annexed or non litigated claims) as well as in routine insurance settlements. Individual claimants or those represented by lawyers often present demands to insurers to settle for money. These demand for bodily injury compensation monies often set out damages that are similarly used in the court litigated pleadings. Demands are usually written summaries of a claimant's medical care and the facts which resulted in the injury.

Establish that Medical Negligence Occurred – Medical negligence occurs when a healthcare provider violates the medical standard of care, or the professionally-accepted method for diagnosing or treating a specific condition. The standard of care may vary depending on factors individual to each patient, such as age, geographic location, overall health, and the specific condition.
For example, the standard of care for an eight-year-old child with a cough who is complaining of chest pain would be different than the standard of care for an 80-year-old man who’s complaining of the same symptoms but has smoked a pack of cigarettes daily for most of adulthood. In the case of the child, a reasonable, competent doctor would probably diagnose and treat the child for bronchitis, but that same doctor would run tests to determine whether the elderly smoker had lung cancer.
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Here, this issue is going to be whether, in reviewing the tests, it was within the applicable standard of care to diagnose you as having a UTI. Secondly, if you have now been correctly diagnosed as having bladder cancer, is your proposed treatment protocol any different than what would have been done if this had been caught during the first couple of visits. You then must assess what additional treatment costs you have incurred, or will incur as a result of the delay. None of this can be done without a detailed assessment of your medical records, by a competent med. mal. attorney and the proper experts.
In another case, the Appellate Division of the Supreme Court of the State of New York allowed a couple to sue a fertility clinic for emotional distress after the clinic implanted the female plaintiff's embryo in another woman. Although neither plaintiff was physically injured by the implantation, both suffered emotional injury due to the defendants' breach of their duty of care, the court said.

Incidentally, under South African common law, there is the crime of "Crimen injuria", 'defined to be the act of "unlawfully, intentionally and seriously impairing the dignity of another."[1] Although difficult to precisely define, the crime is used in the prosecution of certain instances of road rage,[2] stalking,[1] racially offensive language,[3] emotional or psychological abuse[4] and sexual offences against children.[5' (from Wikipedia).
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.
In order to prove that the defendant's conduct was extreme and outrageous, the plaintiff must prove that the defendant's behavior was unacceptable and uncivilized behavior that a reasonable person in the plaintiff's position would believe the conduct was extreme and outrageous. Plaintiff's sensitivity is irrelevant since the standard is viewed objectively.

Unfortunately, just because one of these things occurs does not mean you have a claim. Medicine is not an exact science, and the law does not obligate doctors to be error-free 100 percent of the time. If doctor error occurs but there is no breach of a standard of care, you may not have a strong claim. If however, doctor error occurs and there is a breach of a standard of care, then malpractice may have occurred.

Certainly, anyone who travels internationally could foresee a circumstance leading to medical treatment abroad. Automobile accidents, heart attacks, illness, and other unexpected medical emergencies can occur overseas during travel, just like they do at home. Moreover, the concept of “medical tourism” is popular with millions of Americans. Medical tourism refers to people that visit a country other than their own for medical treatment. Sometimes, people go abroad to seek treatment, such as a particular drug for a particular disease, that is not permitted in the United States. Other instances include people visiting countries that have well-trained doctors who can perform surgeries, both elective and otherwise, at a cost much less expensive than in the United States. In fact, savings can be as much as 88%, even after factoring in the cost of travel!
When trying to determine if a doctor was negligent, your Nevada medical malpractice lawyer will want to see if your doctor followed what’s known as the “standard of care.” In essence, the standard of care is how a reasonable and competent healthcare professional would treat a similar patient under similar circumstances. This takes into account a patient’s age, gender, ethnicity and geographic area – all of which are factors that can affect one’s health and help a doctor diagnose a medical condition and come up with a treatment option.

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 law protects you against any doctor providing you with substandard care. It is possible to sue a doctor who works in an NHS hospital, a private practice or a GP's surgery. Also the law understands that if a doctor has been negligent towards you, you may not always be able to make a claim for yourself. It is possible to sue a doctor for negligence on behalf of yourself, your child, an elderly relative, an individual who has passed away or another loved one who is unable to make the claim themselves.
People hurt each other’s feelings all the time.  As such, courts have held that an IIED claim must be based on more than bad conduct.  Liability does not extend to mere insults, indignities, threats, annoyances, or petty oppressions.[3] Instead, the conduct must be so heinous and beyond the standards of civilized decency that it is utterly intolerable in a civilized society.[4] The legal classic formulation of the standard is whether the conduct would cause a reasonable person to explain, “Outrageous!”[5]
In most states, first responders in a medical emergency situation (such as an EMT or a firefighter) are protected from lawsuits unless the first responder does something reckless or intentional. This protection for first responders does not apply to emergency rooms in hospitals, although in some states an emergency room doctor must act with gross negligence to be held liable for harm that occurs before the patient is stabilized.
This is really so painful to re-live. All of the attorneys I discussed my case with said that what was done to me was clearly negligence and that the case had merit indeed. However, the potential award would have fallen below the $250,000 mark, and to fight it would have been a gamble because jurors – for whatever reason – see physicians in a “can do no wrong” light and may decide in favor of the negligent doctor. I wanted to fight it out of principle more than anything else.

Suing a hospital for misdiagnosis is dependent on whether the doctor is an employee of the hospital. A hospital is liable for all damage committed by their employees once the employee is performing his/her duties. The principle of employer’s liability states that any act or omission by the employee in the course of their employment which causes loss, damage or suffering can be attributed to the employer. Therefore, once the doctor was an employee of the hospital then all his/her acts or omissions are attributed to the hospital. However, if the doctor was an independent contractor of the hospital that is where the hospital does not have any control in how the doctor carries out his functions but the doctor’s only responsibility is that he ought to perform the duties under his contract at the standard required; then the hospital is not liable. Where the doctor sets his own fees and work hours then he is not an employee.
I may not live long enough to see minor children gain the same rights that adults have to sue for outrageous instances of extreme emotional abuse (and physical abuse, and sexual abuse) but I hope that some day minor children WILL be given the right to sue their parents for ghastly instances of child abuse (such as sexual molestation), emotional abuse, and skin-crawling incidents of child neglect and child exploitation.
Incidentally, under South African common law, there is the crime of "Crimen injuria", 'defined to be the act of "unlawfully, intentionally and seriously impairing the dignity of another."[1] Although difficult to precisely define, the crime is used in the prosecution of certain instances of road rage,[2] stalking,[1] racially offensive language,[3] emotional or psychological abuse[4] and sexual offences against children.[5' (from Wikipedia).

The amount of money damages a claimant gets for pain and suffering will also depend upon the amount claimed in a lawsuit if such is filed or the amount demanded to the responsible party in the underlying claim if it is an insurance claim. Even though a lawyer representing a client in an injury negligence-based lawsuit may claim a certain amount for pain and suffering, the jury or the insurance adjuster will award pain and suffering money for differing reasons. In practice, historically tort cases involving personal injury often involve contingent fees, with attorneys being paid a portion of the pain and suffering damages; one commentator says a typical split of pain and suffering is one-third for the lawyer, one-third for the physician, and one-third for the plaintiff.[1]


General damages refer to damages that are not specifically monetary, for example, damages for pain and suffering, loss of consortium, and emotional trauma. There is no tangible bills or receipts that state a specific dollar amount for pain and suffering or emotional damage, but they are still losses for which an injured person deserves compensation nonetheless.
The settlement a person receives for their pain and suffering depends on many factors. This includes the severity of the injury, type of medical treatment received, the length of recovery time, and potential long term consequences of the personal injuries. In addition to physical pain, claimants can also cite emotional and psychological trauma in their pain and suffering claims. For example, a visible scar on the face can lead to painful feelings of constant embarrassment and insecurity.

A patient was in the hospital receiving care from a doctor. The doctor does not visit for days, so the patient called his office to complain. Afterwards, while the patient's wife was visiting, the doctor stormed into the patient's hospital room and screamed: "Let me tell you one [expletive] thing, don't nobody call over to my office raising hell with my secretary. ... I don't have to be in here every [expletive] day checking on you because I check with physical therapy. ... I don't have to be your [expletive] doctor." The patient’s wife interjected by telling the doctor that he would not be the patient's doctor for much longer, and the doctor snapped in reply: "If your smart [expletive] wife would keep her mouth shut things wouldn't be so bad." The wife began crying, and the patient began suffering from uncontrollable shakes, which eventually led to the need for psychiatric treatment. The Court held that Patient could sue for IIED.[9] 
Suing a doctor for negligence requires much more than just filing a lawsuit in a Florida court. One of the prerequisites to filing a lawsuit against the doctor requires that you must first provide him or her with notice, indicating that you intend to file a lawsuit in the near future. A 90-day waiting period follows, during which the doctor may reject the claim outright, offer to settle the case, or ask to submit the case to arbitration.
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