An award for pain and suffering is not obtainable unless your injuries reach at least 15% of a most extreme case.  There is, however, no set way of measuring what 15% of a most extreme case looks like so every injured person must be individually assessed by the Judge and a percentage decided.  The maximum award for pain and suffering is about $612,500.00 and is indexed each year to keep pace with inflation.

Some of the most commonly misdiagnosed diseases are heart attacks and blood clots, infections or tumors. Misdiagnosis can delay treatment and can even be fatal. Mistakes are shockingly common when medication is administered, and surgical mistakes happen way too often. Sometimes doctors operate on the wrong body part, or on the wrong person entirely! The same formula above can be useful in trying to calculate the value of your medical malpractice case.
According to the Medscape Malpractice Report 2015[6], failure to diagnose accounts for 31% of all medical malpractice lawsuits filed. Failure to diagnose is one type of misdiagnosis, the other being diagnosing a patient with the wrong condition. If the failure to diagnose or misdiagnosis of a condition resulted from a deviation in the accepted standard of care, and the patient suffered damages as a result, they may be able to file a lawsuit against a hospital for misdiagnosis.

Negligence is not always the cause of a misdiagnosis. Mistakes and misjudgments typically occur in medical diagnosis because many medical conditions do not consistently exhibit the same symptoms in every individual. For example, women are much more likely to be misdiagnosed with a heart attack as they do not experience hallmark symptoms that precede a heart attack such as chest pains. Instead, women may experience discomfort in their neck, jaw, back, shoulder, arm or stomach, nausea, vomiting or heart burn. 
Medical malpractice cases are so difficult and expensive to prosecute that they are generally only brought in cases of a serious permanent injuries. Moreover, a doctor can't be liable for a mere error in judgment, which this probably was. Count your blessings and move on. If your girlfriend is really unhappy with this doctor, there are other doctors out there.

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.
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.
According to the Medscape Malpractice Report 2015[6], failure to diagnose accounts for 31% of all medical malpractice lawsuits filed. Failure to diagnose is one type of misdiagnosis, the other being diagnosing a patient with the wrong condition. If the failure to diagnose or misdiagnosis of a condition resulted from a deviation in the accepted standard of care, and the patient suffered damages as a result, they may be able to file a lawsuit against a hospital for misdiagnosis.
Every physician owes patients a reasonable standard of medical care. If a physician fails to perform at the accepted standard and a patient suffers as a result of his or her actions, the patient reserves the right to file a malpractice claim against those responsible. Failing to take appropriate steps during the diagnostic process and to make reasonable diagnoses based on the evidence does constitute malpractice, and you can sue your physician for the intentional or negligent mistake.
In addition, the doctor’s error must have led to an injury. For instance, let’s say a patient is told that his tumor is benign, when it is really cancerous. As a result, he does not seek treatment and the cancer spreads to other areas of his body. In this case, the victim suffered harm because he did not seek treatment in a timely manner and now his condition is far worse than it was before. Likewise, a patient who is told that he has cancer when his tumor is actually benign may be injured if he undergoes unnecessary treatment because of the misdiagnosis.
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 to what constitutes severe emotional distress, the courts here require that it rise above the level of temporary fright, regret or disappointment. Rather, the plaintiff must be able to show that they suffer from a severe and disabling emotional or mental disorder that mental health professionals generally recognize and diagnose, such as chronic depression, neurosis, psychosis or phobia.

Most people are able to get to at least second base with a failure to warn claim.  Fewer are able to prove that the doctor simply did not talk to them about that particular risk, although there are cases where a patient’s word has been accepted over a doctor’s insistence that a warning was given.  Getting copies of the doctor’s medical notes can help with this element.
About three-quarters of mediations result in a satisfactory outcome, often within a day, but mediation is not legally binding until a written agreement is signed and the case can proceed to court. The NHS Litigation Authority launched a mediation service in 2014 for cases that have reached the compensation stage (contact the trust involved directly for more information). The Tutu Foundation also offers a mediation service (tutufoundationuk.org, tel 01865 514830).
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.
A about a month ago, I called my Doctor office, about an issue I was having, he gave me an antibiotic, but never ran any test to determine my problem. I was having the same problem about a week after, I called again. I was given another antibiotic, and finally he ran a urine test to determine if I had a UTI. It came back ok, he still had me on an antibiotic. I then got worse and I had to go to the ER, and get treated, I then called my Doctor the Monday after, and was seen in office, he looked at me real quick, pushed me out the office and just said I had a STD, and treated me for it with 2 more types of antibiotics he did not run any test to determine if I had an STD,. He made me believe that I had a disease and I felt so low and scared and angry. I have since wrote a letter to my Dr, asking for him to see me and please address my issues in detail with me. He has refused and has decided to drop me as a patient and told me to see a new Doctor. I read where in Pennsylvania you can sue a Doctor for emotional distress, is that true can I sue my Doctor for emotional distress?
Before every medical malpractice case, Goldfinger Law will retain a doctor or leading medical expert in your field of care to assess the merit of your case. This doctor will give us their opinion on whether or not your case will stand a fighting chance in Court. But these opinions are NOT free. They come at a cost. Only in the most obvious of cases will these medical opinions be free of charge.
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Properly illustrating your pain and suffering damages at trial for the jury to understand is essential in order to be adequately compensated for your injuries. As stated above, while juries may have a relatively easy time determining the amount of compensation for economic damages because those are numbers can be seen reflected in medical bills and documented lost wages, they often struggle with placing a monetary value on someone’s pain and suffering because these are admittedly abstract concepts.
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.[8]
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).

Every physician owes patients a reasonable standard of medical care. If a physician fails to perform at the accepted standard and a patient suffers as a result of his or her actions, the patient reserves the right to file a malpractice claim against those responsible. Failing to take appropriate steps during the diagnostic process and to make reasonable diagnoses based on the evidence does constitute malpractice, and you can sue your physician for the intentional or negligent mistake.
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.”
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".
Approximately 1% of all medical patients will be a victim of medical negligence (malpractice). However, less than 3% of those victims will file a claim for malpractice. This means that the overwhelming majority of victims never seek justice. There could be many reasons why. They may not know that they were victims of malpractice. They may not know what malpractice actually is. They may be  unaware of the legal process that would help them recover damages. Whatever the reason, every victim of medical negligence has the right to pursue a claim in a court of law, and there is a process to filing and pursuing a medical negligence claim.
According to the Medscape Malpractice Report 2015[6], failure to diagnose accounts for 31% of all medical malpractice lawsuits filed. Failure to diagnose is one type of misdiagnosis, the other being diagnosing a patient with the wrong condition. If the failure to diagnose or misdiagnosis of a condition resulted from a deviation in the accepted standard of care, and the patient suffered damages as a result, they may be able to file a lawsuit against a hospital for misdiagnosis.
Most doctors have their patients’ best interest in mind, but there are some who – by greed or neglect – fail to put patients first. Individuals who discover a delayed, missed, or wrong diagnosis may want to speak to a Philadelphia medical malpractice lawyer about their rights and ability to hold a negligent physician accountable for health outcomes, pain, and suffering.
At the same time, the doctor or the doctor’s insurer must complete a similar investigation in order to determine whether medical negligence actually occurred, and if so, whether the negligence resulted in certain injuries and damages to the claimant. The doctor must also obtain an opinion in writing from another doctor in order to support his or her defense.
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