Often, with major cases, focus groups are used to determine these kinds of situations. In a personal injury case focus group, a group of people volunteer to hear the facts of the case and then answer questions pertaining to the case so that the attorneys can get an idea of what the general public (and hopefully the future jury) is thinking. Knowing that a focus group of 20 people all thought the victim should be paid at least $50,000 can help a lot in determining a starting point.
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.
Because emotional distress cannot be seen or objectively quantified, it may be harder to get money for this type of injury compared to, for example, a broken arm. In many cases, emotional distress is part of a harassment case, such as sexual harassment or another form of workplace harassment. A medical misdiagnosis may cause emotional distress, as well.
Facilitative mediation is a form of alternative dispute resolution that utilizes a neutral facilitator who seeks to find common ground between the plaintiffs and defendant. The facilitator in a medical malpractice case is normally a medical malpractice attorney who understands the nuances of medical malpractice cases. The hope is that the facilitator can talk with each party frankly about the strengths and weaknesses of their case, and convince the parties to agree on a settlement amount that is acceptable -- particularly in light of the fact that the parties are avoiding the cost of litigation.
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 Medscape Malpractice Report 2015, 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.
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.
All articles and content provided in this website are for informational purposes only and are not intended to constitute legal advice. Neither the state bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability. Nevada Rules of Professional Conduct Rule 198 (2002).
For medical malpractice cases, attorneys who represent the plaintiff (the patient who has been injured by medical negligence) usually do so on a "contingency" basis, which means the attorney’s payment comes as a set percentage of what the plaintiff ends up receiving after a settlement or a successful jury trial. If the plaintiff receives no payment or ends up losing at trial, the attorney is not paid. But before you sign a contingency agreement, check to see if you will be on the hook for things like filing fees and other costs.
People have a tendency to downplay their injuries because they do not want to be seen by others as complaining or needy. In fact, those that are more severely injured tend to downplay their injuries the most. Before you are convinced that your injuries don’t warrant some type of compensation, it is best to be examined by an independent medical expert. You may be entitled to lost wages, medical expenses, or compensation for pain and suffering.