Holding Negligent Healthcare Providers Accountable Our team of experienced, litigating attorneys have spent thousands of hours in actual courtrooms fighting for victims of medical malpractice in Florida. Our firm has the resources necessary to hire the appropriate expert witnesses, investigators, … Continue reading Florida Medical Malpractice Attorneys
As you read this, don't assume she passed because of her heart. The surgery was successful, as expected. It was the aftercare that killed her: Avoidable infections, overdose of heparin, lines becoming dislodged, a doctor collapsing her lung while removing a drain tube. It seemed endless but was only 95 days. One heart surgery with a 99.9 percent success rate and a week of recovery in the hospital turned into three heart surgeries, an exploratory abdominal surgery and seven hospital associated infections and 95 days later, her death. I wish there were a medical court (of sorts) that patients could go to without an attorney. They could file a complaint and sit in a room with the doctor, nurses, specialists and a panel of “judges” and plead their case. Ask their questions. No attorneys. No “specialists.” Just a place to get answers, and, if needed, monetary compensation. Personally, I just wanted answers.
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.
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You will first have to find out whether you have bladder cancer to see if you even have a case. If you do have cancer (and I hope that you do not) then you would need a medical expert to be willing to say that your doctor that was treating your for the UTI's failed to diagnose you as having cancer as soon as they should have diagnosed you. This is the hard part of proving this case.

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.
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).
Mental anguish is an element of non-economic damages usually sought in personal injury cases, medical malpractice and sometimes defamation cases. Generally, "mental anguish"  translates to certain types of suffering that may include distress, anxiety, fright, depression, grief, or trauma. In many jurisdictions, plaintiffs may recover for mental anguish; however, some states set compensation caps on non-economic damages.
3. Finally, hospitals with specialized capabilities or facilities (e.g., burn units, specialized cardiac care units) must accept transfer patients from other hospitals if the specialized hospital has the capacity to treat them. This provision of EMTALA stops reverse dumping, where specialized hospitals won’t take indigent patients from other hospitals.
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.
The timeline involved is going to be important should you have a diagnosis of cancer for a few reasons. You mentioned 2 years went by from the time you were told you had a UTI until you were told you might have Bladder cancer? Is that correct? You were seen 6 times over the course of 2 years and diagnosed with a UTI every time? How many times were cultures taken? How much time was it from when your culture came back negative until you were told you may have cancer? Answers to these questions are necessary in order to have a better understanding of the facts and potential theories of negligence.
According to the American Journal of Medicine 15 per cent of all medical case in developed countries are misdiagnosed. The National Center for Policy Analysis further states fatal diagnostic errors in U.S. intensive care units equal the number of breast cancer deaths each year — 40,500. Misdiagnosis has become a cause for concern in the medical and legal field because it has fatal consequences.
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.

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The loser of a lawsuit has to pay some of the successful party’s legal fees. So patients who are already struggling financially because of a medical error may be reluctant to take on the financial risk, says Susan McIver, author of After the Error. “It’s a real David-and-Goliath situation … Plaintiffs risk losing their homes and life savings when going up against an organization with deep pockets filled to a significant extent by taxpayers’ money.”
The injury may also result in limiting your normal activities, especially if you are disabled. You may not be able to take care of your household responsibilities, such as cooking and cleaning or pursue hobbies like gardening or bicycling, caring for your children, or having intimate relations with your spouse. Take time daily and list the way your injuries have affected both your lifestyle and emotional well-being, along with the hardships you have encountered.
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.

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.   


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.

Non-economic damages cover certain type of injuries that are not out-of-pocket losses, including pain and suffering, disability, disfigurement, humiliation, mental anguish, loss of consortium (companionship) as well as emotional distress. Because these damages are often difficult to calculate and, juries may overcompensate and non-economic damages can exceed actual economic damages. There is no standard formula to calculate these non-economic damages; therefore they vary on a case by case basis and are referred to as subjective damages because they differ according to a plaintiff's personal or subjective experience.


No. Someone leaving you does not meet the requirements for an emotional distress claim. Relationships ending - marriages included - are a normal part of life, distressing as it may be, and everyone has the right to leave a relationship they don't want to be in anymore, and no one has the right to keep someone in a relationship by force (in fact, it's the latter situation where one could potentially have a real claim for emotional distress charges, especially if there was abuse).
2. Lawyer - choose a lawyer you feel happy and comfortable with. Of equal importance to this, ensure the lawyer you choose is specialised in medical negligence law. 1stClaims will be able to help you find the perfect lawyer for you, so get in touch with us today. They will be able to give to the legal support you need. You can do this on behalf of a family member if they are unable to do this on their own.

Since the law in Tennessee leaves room for a judge or jury’s interpretation of what might constitute emotional stress, it is important for an attorney to help you gather the right evidence or expert testimony to make a persuasive case. An attorney with the Law Offices of Ogle, Elrod & Baril, PLLC can help. Call 865-546-1111 today to arrange a free consultation.
Once the claimant has satisfied the pre-suit investigation and notice requirements, the claimant may be able to file a medical malpractice lawsuit in the Florida court system. In order to prevail in a medical negligence case against a doctor, the claimant has the burden of proof. This burden may be difficult to meet, given that there is often a presumption that the doctor acted reasonably and properly under the circumstances.
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