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8. Believe that the case is about retribution and punishment to the doctor and not about the cold calculation of money compensation for your losses. The College of Physicians and Surgeons is the watch dog over the conduct and medical standard of care of doctors in Ontario. Their process is ponderous but does not cost you anything. They get there sooner or later.


If you or a loved one have suffered from the negligent infliction of emotional distress, it is important to speak with a skilled personal injury attorney. Contact Arnold & Smith, PLLC today for a free consultation with one of our experienced personal injury attorneys about the merits of your case. Personal injury claims must be made within certain time periods of the injury or you lose the right to bring your claim, so time is of the essence in this area of law.
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.
The patient must also prove that the doctor's negligent misdiagnosis or delayed diagnosis caused the patient's injury or condition to progress beyond where it normally would have -- had the correct diagnose been made in a timely manner -- and that this progression had a negative impact upon treatment. For example, because of a delayed cancer diagnosis the patient had to undergo a more severe treatment regimen (such as chemotherapy) or the patient died because the cancer had metastasized and no longer responded to treatment. Sometimes a patient can show harm even if the condition can still be treated. For example, with some cancers a delay in treatment increases the risk of recurrence.
Current pain and suffering is the time period from the time of your injury, to the completion of all your medical treatment. Future pain and suffering are more broad, as the exact time frame is unknown. Your injury may cause you to endure both physical pain and discomfort, and emotional pain, such as depression, anxiety, post-traumatic stress, memory loss, or insomnia.
No matter your jurisdiction, medical malpractice claims and lawsuits are primarily about one thing: accountability. People trust that doctors will take care of them and make their condition better in a patient’s hour of need. When doctors fail in that responsibility, they must be held accountable for the negligent actions they took – as well as for the actions that they failed to take under the circumstances.
You’ve probably heard horror stories of medical negligence about surgeons accidentally amputating the wrong leg, or removing a non-cancerous organ, but what you may not know is that a medical negligence/malpractice may be brought against doctors who simply provide less than acceptable care.  This can mean not providing a thorough enough check-up, giving a prescription for the wrong dose of medication, etc.  Below you’ll find some tips about suing your physician for negligent care.

The doctor's negligence caused the injury. Because many malpractice cases involve patients that were already sick or injured, there is often a question of whether what the doctor did, negligent or not, actually caused the harm. For example, if a patient dies after treatment for lung cancer, and the doctor did do something negligent, it could be hard to prove that the doctor's negligence caused the death rather than the cancer. The patient must show that it is "more likely than not" that the doctor's incompetence directly caused the injury. Usually, the patient must have a medical expert testify that the doctor's negligence caused the injury.


How can you prove that a reasonable doctor would have reached a different conclusion? First, it’s important to understand the concept of differential diagnosis. Doctors use a system called differential diagnosis when diagnosing their patients. After evaluating the patient, the doctor is supposed to make a list of conditions that match the patient’s symptoms and rank them based on how likely it is the patient has the condition. Then, it is up to the doctor to eliminate conditions off of this list until he is only left with one, which will end up being what he diagnoses the patient with. To eliminate other conditions on the list, the doctor must order tests, asked detailed questions about symptoms, examine the patient’s medical history, or refer the patient to specialists.

32. We are also cognizant of the fact that in a case involving medical negligence, once the initial burden has been discharged by the complainant by making out a case of negligence on the part of the hospital or the doctor concerned, the onus then shifts on to the hospital or to the attending doctors and it is for the hospital to satisfy the Court that there was no lack of care or diligence. In Savita Garg (Smt.)vs. Director, National Heart Institute (2004) 8 SCC 56 it has been observed as under:


Second, you should never be paying money to any lawyer upfront to bring your malpractice suit. A lawyer should never ask you for money to pay for the costs of your case. If he does, find a new lawyer pronto! Law firms experienced in malpractice litigation will never ask their clients to pay for the expenses of their case. It is a cost of doing business for malpractice law firms to pay for the costs of hiring medical experts, obtaining medical records, paying for depositions, and the like. Lawyers who ask you to pay for the costs of your case before the case is resolved have no business in malpractice litigation and you should take such a request as an urgent warning to find a new lawyer.
While the majority of health care providers aim to exercise the highest standard of care for all patents, there are times when things can go gravely wrong. If you or a loved one has experienced poor medical care, misdiagnosis, lack of consent, or breach of doctor-patient confidentiality that has resulted in harm or injury, you may be entitled to medical malpractice recovery.
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.
Loss of consortium refers to the impact the injury has had on the injured party’s ability to provide love, affection, companionship, or services. People often think that loss of consortium refers to the impact the injury has had on a married couple’s sexual relationship. But it’s broader than that. Many states now allow children and parents, in addition to spouses, to bring loss of consortium claims. Note that the person who would sue for loss of consortium is the spouse, parent or child of the person who was injured.
As this article suggests, there is not really a simple answer to whether someone can sue a doctor for misdiagnosis.  There are many variables in the world of healthcare, and every situation is unique.  With that said, as a patient, you do have certain legal rights when it comes to the care that you receive.  Further, you do not have to simply accept that an error occurred without asking questions or learning more about protecting yourself.
I think this is absolutely the right decision. As $15 million sounds like a lot of money, because it really is, this patient and her family are completely changed now. Her life might end because of the doctor’s negligence. There is no price for human life; no amount of money can possibility bring a life back. That is why the large award is to pay for all of her treatment, medical bills, and anything else that can help to rectify the mistakes by her doctor. This also serves as a deterrent to her doctor and radiologist and others as well to make sure they properly do their job and, when in doubt, as for a second opinion.
The patient must prove that they suffered pain, lost wages, have costly medical bills, or have experienced a significant loss in the quality of their life or in their ability to live independently because of the misdiagnosis or delayed diagnosis. Compensation for pain and suffering may be available to the patient in addition to compensation for their physical injuries.
As there is no way to accurately quantify the value of a plaintiff's pain and suffering, juries are asked to use their best judgment in coming up with the amount of a pain and suffering award. Keep in mind, however, that some states have instituted damage caps that place an upper limit on the amount of pain and suffering damages that may be awarded.
We serve clients throughout North Carolina including those in the following localities: Mecklenburg County including Charlotte, Cornelius, Davidson, Huntersville, Matthews, Mint Hill, and Pineville; Iredell County including Mooresville and Statesville; Union County including Indian Trail and Monroe; Cabarrus County including Concord, Harrisburg, and Kannapolis; Gaston County including Belmont and Gastonia; and Stanly County including Albemarle.
In the early stages of the process, the most important thing is finding out who to contact at the insurance company. A claim will not be processed right away because it's important to learn about all the medical expenses before attempting any calculations. Injured parties don't typically wish to risk anything uncovered in their eventual settlements.
If you have been injured in a car accident or by some other personal injury, don’t wait to seek counsel from an attorney. Be aware there is a statute of limitations and a lawsuit must be filed within a set time limit; if you wait too long, you may not be entitled to any insurance settlement. Also, personal injury statutes and laws are very different from laws for worker’s compensation, and the laws vary from state to state, so be sure to seek legal counsel concerning your injury.
During patient diagnosis and treatment, a doctor might make a mistake. Such a mistake might not necessarily result in a physical injury. For instance, a misdiagnosis can be emotionally traumatic, while patient mistreatment can be psychologically damaging. Such injurious acts by health professionals, whether carried out intentionally or negligently, can make you suffer from mental stress and anguish, but can you sue a doctor for emotional distress? Here’s a look:
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.
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.      
When you need medical care, you tend to rely on doctors whether it’s your primary care physician or a referred specialist to manage your health in the best way possible. You trust doctors to advise you about your health condition, medication, and routine care. However, there may be times when that trust is broken due to negligence. When medical mistakes or negligence occurs while you or a loved one is receiving medical care, the consequences can be devastating sometimes resulting in death or a lifelong debilitating condition.
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.
There are rare occasions where doctors or other medical service providers will admit they have made a mistake and will seek to come to some kind of settlement with an injured party. Tread lightly in these situations, as you may be trading a quick resolution for a substantially lower amount of compensation. However, in cases that are not particularly serious -- specifically, cases worth $20,000 or less -- you may find that settling directly with a doctor is possible.
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.
Finally, in any medical malpractice case -- in any type of lawsuit for that matter -- plaintiffs need to be mindful of time limits for going to court and getting the lawsuit process started. You need to file the initial document (the complaint) within a certain amount of time after you suffered the harm that led to the lawsuit. These deadlines are set by state laws (statutes), so they’re called “statutes of limitations.” In some jurisdictions, the statute of limitations may not begin to run until the discovery of the injury. For example, in California, a patient has three years to file a medical malpractice lawsuit after the harm occurs, or one year after the harm is discovered (whichever comes first).

The biggest hurdle for patients to get over in bringing a claim is a law that sets up a defence for all professionals accused of negligence.  It says that if the professional acted in a way that was widely accepted in Australia by that professional’s peers as competent professional practice then the professional is not liable.  Note that ‘widely accepted’ does not necessarily mean that the majority of professionals have to agree to the practice.
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For expert advice call 1800 266 801 or chat via live chat to arrange free initial advice with our Principal lawyer, Greg Smith.

"I am writing this letter to try to express the feelings of gratitude and complete satisfaction that have accompanied my ongoing association with Mr. Goldfinger's handling of my case. With no fear of remorse I can recommend him, and his staff, fully and completely to anyone who should find themselves in a predicament as dire as the one they rescued me from.
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.
Many medical malpractice cases involve significant harm to the patient, the need for a long-term course of (very expensive) health care, and even the prospect of lifelong disability. Add that to the fact that you’re going to need to hire a qualified medical expert witness (an expensive but necessary step), and it’s easy to see how losing the case could be devastating.

In many – but certainly not all – cases of negligent infliction of emotional distress, there must be physical harm in addition to mental harm for a plaintiff to recover damages. In the case of an incorrect cancer diagnosis, for example, the plaintiff might show that he or she underwent unnecessary chemotherapy or radiation treatment because of the error.


8. Believe that the case is about retribution and punishment to the doctor and not about the cold calculation of money compensation for your losses. The College of Physicians and Surgeons is the watch dog over the conduct and medical standard of care of doctors in Ontario. Their process is ponderous but does not cost you anything. They get there sooner or later.
As there is no way to accurately quantify the value of a plaintiff's pain and suffering, juries are asked to use their best judgment in coming up with the amount of a pain and suffering award. Keep in mind, however, that some states have instituted damage caps that place an upper limit on the amount of pain and suffering damages that may be awarded.

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.


Since medical malpractice situations can create unexpected medical expenses, it is important to speak with a medical malpractice lawyer about filing a claim against the negligent doctor or medical organization. The earlier you begin the legal process, the closer you may be to receiving an explanation regarding why the medical malpractice situation occurred and who was at fault.
The mother filed a lawsuit against the theme park, alleging that her son’s “skin had a negative reaction to the paint used on his face at Legoland that has caused him great pain and suffering, as well as two years of humiliation by other child and deep emotional distress.” They are seeking more than $15,000 in damages for Legoland’s alleged negligence and for negligent infliction of emotional distress.
The study recommended reforming the system by increasing funding for legal services, so attorneys could be compensated for their time; making defendants who lose a case pay the plaintiff’s attorney fees; or sending malpractice complaints to an administrative system with neutral adjudicators and medical experts so patients wouldn’t need an attorney. 
If you or someone you know is a victim, keep in mind that filing and pursuing a medical malpractice lawsuit can be an expensive and time-consuming affair. The claimant has to prove many things including injury due to the doctor’s malpractice and as a result, considerable loss of income, enhanced pain and trauma and unaffordable costs of health care and rehabilitation.
Most people are uncomfortable talking about their injuries. No one likes to be thought of as a whiner or complainer. I find that even my most severely injured clients are wary to openly discuss the full weight and burden that their injuries take on them. It’s understandable that if you have a scar from a surgery or accident that you may not like to discuss the fact that it makes you uncomfortable when strangers stare at it or friends or colleagues ask you what happened. Victims of injury do not often desire to sit and truly reflect on the extent that their injuries have had on their lives. Even so, little vignettes or stories illustrating how someone’s life was like before and then after an accident is crucial in demonstrating to the jury the magnitude of your loss.
Our son's case was a good example. There were many instances of error, but because he was single we couldn't bring case because there was no “pain or suffering” allowed for parents of adult children over the age of 25. I did call many attorneys and mostly was asked how old he was and if he was married. Then I got a rejection letter. The solution is very simple. Be honest when errors take place, and compensate victims fairly, then peace will come a lot sooner for everyone, including doctors.
The incident that caused the stress must have been due to extreme or outrageous negligence and that the actions caused you emotional harm. For example, if you are involved in an accident with a drunk driver in which a family member was killed, you may be able to file a claim for emotional distress due to the negligence of the driver in getting behind the wheel of a car while intoxicated.
The patient must prove that they suffered pain, lost wages, have costly medical bills, or have experienced a significant loss in the quality of their life or in their ability to live independently because of the misdiagnosis or delayed diagnosis. Compensation for pain and suffering may be available to the patient in addition to compensation for their physical injuries.
The patient must prove that they suffered pain, lost wages, have costly medical bills, or have experienced a significant loss in the quality of their life or in their ability to live independently because of the misdiagnosis or delayed diagnosis. Compensation for pain and suffering may be available to the patient in addition to compensation for their physical injuries.
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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
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