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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.
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Unfortunately there are no limits on how long they can take to deal with your complaint, and it can depend on factors such as how many staff they need to speak to and how easy it is to access your medical records. But be persistent. If you’ve been waiting for more than six months for it to be resolved, you can report it to the independent Parliamentary and Health Service Ombudsman (ombudsman.org.uk).
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.
Car insurance policies that extend beyond personal injury protection (PIP) generally provide coverage for most types of damages, including pain and suffering claims. The two most common types of auto insurance coverage are bodily injury (BI) and uninsured/under-insured (UM) motorist coverage. Both BI and UM can be used to cover pain and suffering, but only up to the amount of the policy limits. Bodily injury coverage most commonly has two policy limits, or split limits.
In the civil law arena, one of the most complex and challenging types of claims is a case involving malpractice. Attorneys that represent clients in malpractice cases tend to be specialists with a significant amount of experience. With that said, perhaps you made the decision to pursue a malpractice claim with no lawyer. If that is the case, you must understand the basics of how to process a malpractice claim without legal assistance.
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.
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.
Medical malpractice cases almost always require medical experts to testify about the proper standard of care that should have been provided under the circumstances. These are often physicians who practice within the same type of medicine that the physician defendant practices in. These individuals are usually tasked with the responsibility of explaining that the defendant deviated from the standard of care and that this deviation resulted in the patient suffering the harm alleged in the complaint.
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.
Doctors who fail to refer patients to a specialist can also cause a delayed diagnosis. A patient that complains of back pain and is sent home with muscle relaxers and pain medication can be at risk for permanent paralysis that an experienced neurologist could have prevented. For example, patients that go to an emergency room for treatment of severe stomach pain that are not seen by a gastrointestinal specialist could be diagnosed with the flu instead of a serious liver issue.
That is one of the main reasons the legal system exists! To compensate people who been injured by their doctors’ mistakes! If your doctor has made a medical mistake, he may well have committed what is known in the legal community as negligence. In order to prove negligence, your attorney will have to show that (a) your doctor owed you a duty of care, (b) your doctor breached that duty of care, (c) your doctor’s breach caused you injury, and (d) you did in fact suffer an injury.