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. 
Not true! There are thousands of physicians sued successfully every year without ending in the loss of their licenses or practices. Although your doctor will have to spend some time defending the suit, throughout the process he will most likely still be able to see his patients and conduct his life as normal. Furthermore, after the conclusion of the suit, he will most likely go back to treating his patients – albeit, hopefully, more carefully this time.

According to a report by Accenture[2], 37 percent of physicians were independent in 2013—down from 57 percent in 2000, and only one-in-three will remain independent by the end of 2016. Data from the American Hospital Association[3] corroborates the claim that independent doctors are dwindling, citing a figure saying that physicians employed by hospitals grew by 34% in the decade between 2000 and 2010.
If you don't have a record of your physical symptoms that relate to your emotional distress, you may still have a case. It will be a lot tougher to prove that your issues are directly connected to the incident in question. Severe emotional distress like prolonged extreme social anxiety or paranoia may be enough to collect damages. [3] If you don't have proof of related physical symptoms, talk to a lawyer. You can ask if you have a case. [4]
All medical doctors owe their patients a duty of care to act reasonably under the circumstances. This means that they must act as a “reasonable doctor,” who works in the same geographical area as the defendant doctor, would act under the same or similar circumstances. Doctors who are specialists are usually held to a nationalized standard of care when it comes to medical negligence cases.
Doctors aren’t perfect. They make mistakes. Some mistakes will have zero impact on your health and on your personal injury case. Some mistakes or impossible to prove. But other mistakes can have a devastating impact on your health. That’s where we step in. Goldfinger Law has been helping victims of patient care and medical errors for years with their claims.
Although it is not unheard of for a doctor to alter medical records, it is extremely rare. If your doctor does alter your medical records, this fact alone will not irreparably harm your case. There have been major advances in forensic technology over the past years. It is now possible to detect changes in ink, spacing, and handwriting that may have been made by your doctor when he tried to alter your records.
Medical professionals are required by law to uphold an appropriate standard of care as outlined by the laws in the state in which they practice medicine. While the vast majority of doctors accomplish this goal, some fail to do so and a patient is seriously injured as a result. The following is an overview of how an injured patient can seek compensation from the negligent doctor who hurt them. If you have suffered an injury in this manner, contact a personal injury attorney today to learn what options you have under the law.
(3) A professional may be held liable for negligence on one of the two findings: either he was not possessed of the requisite skill which he professed to have possessed, or, he did not exercise, with reasonable competence in the given case, the skill which he did possess. The standard to be applied for judging, whether the person charged has been negligent or not, would be that of an ordinary competent person exercising ordinary skill in that profession. It is not possible for every professional to possess the highest level of expertise or skills in that branch which he practices. A highly skilled professional may be possessed of better qualities, but that cannot be made the basis or the yardstick for judging the performance of the professional proceeded against on indictment of negligence.
In most cases, only the primary physician (your doctor) can be sued for misdiagnosis. In rare cases, other health care professionals may also be liable if their negligence caused or contributed to the patient’s harm -- including nurses, lab techs, and any specialists who may have seen the patient. The hospital or health care facility where the doctor practices usually cannot be sued for harm caused by misdiagnosis. That’s because most doctors are independent contractors, not employees of the hospital, so the facility can’t be held legally responsible for the doctor’s negligence.      
I attempted to get recompense for my elderly mother after medical neglect that resulted in her losing her ability to walk, additional surgeries, and months of pain. I had no idea WHY the lawyers I contacted didn't even want to listen to the details. Now I know, and am disheartened to learn the reason for their disinterest. I've never sued anybody, am not one of those people who would sue when I dump coffee in my lap. But when one has a legitimate reason and legitimate damages, it's horrendous that our legal system provides no avenue of recompense for actual damage that is life altering.
My Dad was an elderly, and he was killed by the misuse of an off-label medication that was contraindicative for his medical conditions. The harm was totally preventable. After Dad’s death, we talked to 20+ attorneys. 99 percent of them said there was malpractice and the doctor was negligent. But because of my Dad’s age and the lack of future earning, no attorney was willing to take my Dad’s case on contingency.
Copyright 2002-2018. EdgarSnyder.com is sponsored by the Law Offices of Edgar Snyder & Associates®, A Law Firm Representing Injured People. Attorney Edgar Snyder & Associates has offices throughout Western Pennsylvania including locations in: Pittsburgh, Erie, Johnstown, Ebensburg, and Altoona. All of our lawyers are licensed to practice law in the state of Pennsylvania. We also have attorneys licensed to practice law in the states of West Virginia, Ohio, Maryland, and Virginia. Although this website is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.
If you have been the victim of medical malpractice, you may wish to file a formal claim with the offending doctor’s insurance company. Certainly, the doctor may be unwilling to provide you with insurance information, or you may require the assistance of an attorney to make a claim, but in some jurisdictions (particularly those without damage caps) you may find that an insurance company is willing to negotiate a settlement prior to a formal suit being filed. The expense and potential fallout of a formal, public lawsuit is a risk insurance companies are often unwilling to take.
X. The medical practitioners at times also have to be saved from such a class of complainants who use criminal process as a tool for pressurizing the medical professionals/hospitals particularly private hospitals or clinics for extracting uncalled for compensation. Such malicious proceedings deserve to be discarded against the medical practitioners. XI. The medical professionals are entitled to get protection so long as they perform their duties with reasonable skill and competence and in the interest of the patients. The interest and welfare of the patients have to be paramount for the medical professionals.
The keys are 1) establishing the medical standard of care, meaning the level of care that was appropriate under the circumstances, and 2) demonstrating how the defendant fell short of meeting that standard. And in almost all cases, you’ll need the help of a medical expert witness to help you establish these things. An experienced medical malpractice attorney will be part of a network of professionals -- doctors, consultants, medical experts who have served in a variety of cases, and other medical malpractice attorneys -- and will utilize this network to locate and hire the right medical expert for your case.
If you or someone you love has been harmed by negligence in a hospital, can you sue that hospital? The answer to that often depends on the practitioner’s relationship with the facility. If the doctor was independent, then there may not be grounds to name the hospital or facility as a co-defendant in the lawsuit. If the doctor was a hospital employee, then the facility could be named as a co-defendant in the lawsuit.
For example, imagine that you repeatedly told your doctor that you had joint pain and a rash, and the doctor just shrugged off your comments about the joint pain as the normal process of aging and gave you an ointment for the rash. He ignored your family history of psoriasis and overlooked the connection between the two symptoms that could have led to a diagnosis of psoriatic arthritis until after you suffered severe complications -- like damage to your heart valve.
With constant improvements in transportation technology, along with massive decreases in the cost of international travel, the old saying that “the world is getting smaller” is truer than ever before. The wealthy have long enjoyed the benefits of international travel, but now “average” Americans can easily travel, too. Moreover, companies like SpaceX and Boeing envision a future in which you can travel almost anywhere in the world in less than an hour.
Jury awards for pain and suffering may vary depending upon socio-economic and political factors within the community from which the jury is drawn.[2] In most states the maximum monetary amount awarded for pain and suffering is capped at what is listed in the particular suit or written complaint. In some jurisdictions there are maximum amounts set in law which a jury may not exceed in awarding damages.
Finally, you should also report the incident to a state regulatory agency for further investigation and possible punitive action. Although many of these punishments will be less than what you may want, it still creates a paper trail that can be presented as evidence in a civil case. Doctors and nurses should be reported to their regulatory boards. State health departments are in charge of hospitals and nursing homes, so they should be contacted if the incident occurred at one of these sites.
Second, from a procedural standpoint, medical malpractice cases can be unique (and pretty complex) depending on the state where you live. You (and your attorney) will need a good understanding of the procedural requirements necessary before - or soon after - filing the lawsuit, including filing an affidavit of merit, complying with pre-lawsuit screening, and other special steps . An experienced medical malpractice lawyer will be very familiar with these rules, and will know how to avoid pitfalls and delays so that your case stays on track.
When you’re faced with any kind of legal action, the decision to hire an attorney or go it alone and represent yourself is one that should be weighed very carefully. In particular, you might focus on two key questions: What is at stake? And how complex is the legal territory? Let’s look at both of those questions in the context of a medical malpractice case.

95. In our considered view, the aforementioned principles must be kept in view while deciding the cases of medical negligence. We should not be understood to have held that doctors can never be prosecuted for medical negligence. As long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence. It is imperative that the doctors must be able to perform their professional duties with free mind.
Search for disciplinary sanctions. Visit your state’s disciplinary board to see if the attorney has been sanctioned in the past. Attorneys are sanctioned for ethics violations, such as disclosing client confidences or failing to respond to client emails. They are not sanctioned for failing to win cases, unless their performance was so low as to be negligent.
In most cases, only the primary physician (your doctor) can be sued for misdiagnosis. In rare cases, other health care professionals may also be liable if their negligence caused or contributed to the patient’s harm -- including nurses, lab techs, and any specialists who may have seen the patient. The hospital or health care facility where the doctor practices usually cannot be sued for harm caused by misdiagnosis. That’s because most doctors are independent contractors, not employees of the hospital, so the facility can’t be held legally responsible for the doctor’s negligence.      
Medical Malpractice cases are very difficult to prove. Only on the very rare occasion will a medical malpractice case be so clear cut that it resolves quickly and quietly. These cases are usually long, drawn out, and very complicated. The standard of care to sue a doctor or medical professional for their negligence or medical error is a higher standard than you’d normally find in any other personal injury case. It must be proven beyond a balance of probabilities that your doctor failed to meet the care of a reasonable doctor in that same situation. So long as your doctor followed procedure, protocol and acted as a reasonable doctor in that situation, proving negligence will be very difficult.
My Dad was an elderly, and he was killed by the misuse of an off-label medication that was contraindicative for his medical conditions. The harm was totally preventable. After Dad’s death, we talked to 20+ attorneys. 99 percent of them said there was malpractice and the doctor was negligent. But because of my Dad’s age and the lack of future earning, no attorney was willing to take my Dad’s case on contingency.
Medical malpractice includes a significant injury to the patient. It can also include situations where the hospital, or one of its staff members, acted in a way that wasn't in a manner of expected care. It can also include a medical mistake such as an overdose of medication or operations where gauze or tools were left inside an incision and/or wound. The field of medical malpractice is vast, which is why it is important to have an attorney review the facts of your situation to see if you have a case.
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".
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.
Most people know that if a hospital makes a mistake that hurts them, they can sue the doctor or nurse or hospital in state court under state medical malpractice/ negligence laws. What most people, including many lawyers and doctors do not know is that you can also sue hospitals for failure to evaluate and/ or stabilize a medical condition that causes harm to the patient under a federal statute. The statute is commonly referred to as the Emergency Medical Treatment & Labor Act (EMTALA).

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.


Doctors all have medical malpractice insurance, and those insurance carriers will likely be paying for their mistakes.  Much of the time, the insurance companies will make an offer of a lump sum payment as a settlement.  If you choose t accept the payment, you know just how much you are going to recover in damages.  The downside is that you must surrender your right to sue.
In most cases of medical negligence, you can only file a lawsuit with your doctor. Since most doctors are independent contractors, the hospital or facility is usually not liable. Sometimes other related health care professionals can be sued if they contributed to causing you harm. These professionals include nurses, lab techs or other medical specialists.
Medical malpractice cases can be complex. It can sometimes take a medical expert to understand what really happened. Yet it is a jury of non-medical people who will decide whether you win or lose your malpractice case. Your lawyer and your medical expert witness must be able to present difficult medical issues to the jury in a way that is easily understandable and that makes common sense.
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.
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).
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.
As to whether or not the plaintiff’s injury is a reasonably foreseeable result of the defendant’s conduct, North Carolina courts ask whether a “reasonably” cautious person might have foreseen that severe emotional distress would result to the plaintiff. What qualifies as “reasonable” and “negligent” depends on the situation; for example, medical professionals are held to a higher standard of care when treating patients.

After suffering physical or mental harm, you may find yourself dealing with anxiety, panic attacks or depression. You may even have suicidal thoughts and self-guilt. This is known as emotional distress and it is possible to receive compensation from the person who caused the distress. First, it is important to understand what can cause it to develop and how to sue for emotional distress.
The second element is the most difficult to prove. A skilful and competent doctor can make medical errors as such it is important to look at the actions of the doctor in arriving at a medical conclusion regarding a patient’s health. If it can be proven the doctor acted with reasonable skill, competence and did his due diligence in arriving at a conclusion then he/she will not be liable for any loss or suffering as a result of the misdiagnosis. But where it is shown that the doctor fell below the standards of a reasonable competent practitioner as he failed to take the necessary step arrive at a proper diagnosis and his acts resulted in the damage then a party will be successful.
Failure to warn a patient of known risks. Doctors have a duty to warn patients of known risks of a procedure or course of treatment -- this is known as the duty of informed consent. If a patient, once properly informed of possible risks, would have elected not to go through with the procedure, the doctor may be liable for medical malpractice if the patient is injured by the procedure (in a way that the doctor should have warned could happen). (To learn more, read Nolo's article Medical Malpractice: Informed Consent.)
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