There are many alternatives to litigation. Depending upon the jurisdiction you are in -- and whether there are caps on damages that may come into play in a formal trial -- you may wish to consider these options. Remember that in many cases alternative dispute resolution is simply part of the trial process and not the endgame. Your best first step might be discussing your options with an experienced medical malpractice attorney.
First, you need to figure out what the legal wrong was that you believe could form the basis for a lawsuit. Once you have figured out what it might be, you will need to research the elements of the case. Just because you feel certain something is wrong and should be addressed by the courts does not mean that it will resolve itself. You have to go through some very specific processes to secure your rights, and failing to do so could jeopardize your claim. These rules and procedures are not secret, and are actually quite easily found, but only if you know what you are looking for, where to look, and that you even need to look in the first place. This is why most people opt to hire an attorney rather than run a case on their own. Attorneys are specially trained and familiar with these procedures, and much less likely to miss something than someone without this experience who is trying to navigate this process for the first time.
These things are the different “elements” of pain and suffering damages. It is basically financial compensation for having to “go through” certain things that you otherwise would not have had to if it wasn’t for the accident/injury. In minor incidents, it is compensation for the inconvenience; in major cases, it is compensation for the agony and suffering. For example, your medical bills may be covered, but that doesn’t compensate you for the pain of never being able to pick up your grandchild again. It makes perfect sense if you think about it in that way.
This is probably the number one reason why you don’t want to sue your doctor. While it is true that most lawsuits can take some time to become resolved, it is well worth the wait. However, there are ways to speed up the process: file your lawsuit as soon as it is determined that the case has merit and make sure that the court imposes deadlines for every step of the lawsuit, such as specific dates for depositions, defense medical examinations, and the exchange of discovery responses. This will prevent the lawsuit from the inevitable delays presented by defense attorneys and their insurers and keep the case on the proverbial “fast track” to trial.
I know it's difficult to live with the "what ifs" of having cancer but in this case, if you do not yet know if you have the disease, you have to wait to see if you actually do have it. Then, you can contact a personal injury attorney in your area and they will help analyze your situation. You can contact as many personal injury attorneys as you want until you find one that will take your case.
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.
A large number of medical malpractice lawsuits stem from the misdiagnosis or delayed diagnosis of a medical condition, illness, or injury. When a doctor's diagnosis error leads to incorrect treatment, delayed treatment, or no treatment at all, a patient's condition can be made much worse, and they may even die. That being said, a mistake in diagnosis by itself is not enough to sustain a medical malpractice lawsuit.
In my experience, many problems that spiral out of control could have been tackled sooner. You may have been kept waiting a long time for your hospital appointment, or a member of staff was rude to you. Perhaps you felt an elderly relative wasn’t getting adequate pain relief, or even enough to drink. In these circumstances, do as you would in any restaurant when you aren’t happy: ask to speak to a manager.
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.
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.
How is emotional distress defined in the eyes of the law? In most cases, you can only sue for emotional damages if the incident in question physically harmed you. Emotional distress suits are trickier than other types of lawsuits. It’s important to have a solid understanding of the types of emotional distress claims before you attempt to file a lawsuit.
For claims based on negligence, the cases might be barred in various states based on the presence or lack of physical injury. Some states don’t allow emotional distress claims particularly in cases where the suffering is a direct result of physical injury. Conversely, other states require the plaintiff to demonstrate or show evidence of the physical harm suffered or illness that has resulted from the emotional distress. And other states limit NIED claims strictly to emotional distress that is experienced directly or as a bystander within a region of physical danger.
Expert testimony is required. Expert opinions are often a crucial feature of the patient's case. A qualified expert is usually required at trial. (And often, expert testimony or an expert affidavit is required at the malpractice review panel proceedings prior to commencing trial.) State rules vary as to what makes somebody qualified to provide expert medical testimony, but generally it is someone with experience in the particular field at issue. In a very limited number of circumstances, expert testimony is not required, such as when a surgical towel is left inside the patient after a surgery.
After you have done everything else, you should also meet with your doctor or the hospital officials. Even if you are not going to bring a medical malpractice case, you should try to negotiate with them one-on-one to see if they will waive some of your medical bills or compensate you in some way. You should bring an attorney with you if possible, but always remember that you should never sign any kind of legal document or waiver without an attorney looking it over first.
Thank you for your comment, Ziggy. It might interest you that the Court's exact language was: "We do not regard the sending of truthful information pertaining to the criminal conviction of an admittedly rough-and-tumble labor official to his fellow union members, the placing of such a person under the kind of surveillance indicated in this record, or the sending of truthful information about his extramarital affair to his wife to meet the test [of outrageousness]."
Make sure it’s not too late to sue. Each state has a statute of limitations on different types of offenses. These specify the length of time during which you can take action after the incident occurred. Emotional distress falls under the category of a personal injury tort. The statute of limitations for personal injury tort ranges from 1 to 6 years, depending on your state's law. After you are injured, you need to immediately look up your state's statute of limitations. Regardless of the statute of limitations, it's best to file your case sooner rather than later.
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.
Failure to diagnose and misdiagnosis of an illness or injury are the basis of many medical malpractice lawsuits. Misdiagnosis on its own is not necessarily medical malpractice, and not all diagnostic errors give rise to a successful lawsuit. Even highly experienced and competent doctors make diagnostic errors. Instead, the misdiagnosis or failure to diagnose must result in improper medical care, delayed treatment, or no treatment, which in turn must result in a worsening of the patient's medical condition in order for the malpractice to be actionable.
There is no definitive answer, as all cases are different. There are a number of factors that can affect the timelines. First, a case that has multiple parties involved will require much more investigation than a single case. There are depositions, a commitment of experts and the court's schedule to consider. In addition, the insurance company may settle without going to court or the company may try to postpone a court date as long as possible.
When it comes to determining the extent of physical pain, there are no computer programs to rely on. Each of us experiences pain differently. Even with today’s advanced medical technology, the best method doctors have for measuring a patient’s pain is a self-rated pain scale. This is when a doctor asks, “On a scale of 1 to 10, how would you rate your pain?”
In order to take legal action against a medical doctor for malpractice, you cannot just simply file a lawsuit with the court. Rather, you must first send a notice to the doctor, indicating to him or her that you are planning to file a lawsuit for medical malpractice. After filing the notice, there may be a waiting period before the injured patient is eligible to file a lawsuit.