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.
For example, John Smith went to his local doctor because he had a black spot on his foot and his leg was painful.  His doctor sent him to a surgeon who suggested a special procedure using a needle inserted into his leg artery to see whether the veins in John’s foot were blocked.  The surgeon botched the procedure and John’s artery was damaged.  Several weeks later John’s leg had to be amputated.  When John consulted a lawyer and the lawyer investigated his claim, the lawyer found that John’s original foot condition was gangrene and he was always going to have to have his leg amputated, so the surgeon’s negligence in performing the procedure did not leave John worse off than he would otherwise have been and he fails the test of causation.
Loss of wages is capped at three times the Average Weekly Earnings published by the Australian Bureau of Statistics.  Most injured people are not caught by this provision as it requires a gross salary of more than $140,000.00.  Claims for lost superannuation entitlements are only allowed at the compulsory employer contribution rate (currently 9% of your salary).
To file a certificate of merit you must first contact an expert, usually another physician. This expert will review your medical records and certify that the original health care provider deviated from accepted medical practices, which resulted in your injuries. The attorney that you hire will now file the certificate of merit, which confirms that you spoke with a medical expert and that your action has merit.
How can you tell the difference between appropriate, but unsuccessful care and medical malpractice? Ask. Ask your doctor. Get second opinions if possible. Talk to lawyers, who may have medically trained staff that can give an informed opinion, or who may have dealt with the exact same issue (or doctor) you are dealing with. Do whatever you can to attempt to allay any misgivings you have about your care. But take any opinions with a grain of salt. Some doctors simply won’t accuse a “brother physician” of making a mistake. Some malpractice attorneys will exaggerate the potential of your claim in an attempt to make money. Use your best discretion when seeking opinions on your treatment, but be diligent in the pursuit of information. Until you file a lawsuit, you are your own best advocate and investigator.
A patient bringing a failure to misdiagnose case must prove that there was a doctor-patient relationship, that the doctor failed to live up to the standard of care in diagnosing the patient's condition, and that the doctor's failure to diagnose or misdiagnosis actually and proximately caused an actual injury. Most often, failure to diagnose cases involve disputes related to the applicable standard of care and whether the doctor's failure to diagnose caused the plaintiff's injury.
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.
People hurt each other’s feelings all the time.  As such, courts have held that an IIED claim must be based on more than bad conduct.  Liability does not extend to mere insults, indignities, threats, annoyances, or petty oppressions.[3] Instead, the conduct must be so heinous and beyond the standards of civilized decency that it is utterly intolerable in a civilized society.[4] The legal classic formulation of the standard is whether the conduct would cause a reasonable person to explain, “Outrageous!”[5]

As we reported, the medical malpractice system often discriminates against certain patients, particularly those with low incomes. Those who can’t get representation ­— often women, children or the elderly — are sometimes called the “hidden victims” of medical malpractice. Studies show that the problem isn’t limited to states that have strict limits on malpractice awards.
This is really so painful to re-live. All of the attorneys I discussed my case with said that what was done to me was clearly negligence and that the case had merit indeed. However, the potential award would have fallen below the $250,000 mark, and to fight it would have been a gamble because jurors – for whatever reason – see physicians in a “can do no wrong” light and may decide in favor of the negligent doctor. I wanted to fight it out of principle more than anything else.
Under NO circumstances is your doctor allowed to leak, alter, or otherwise use your medical information against you in retaliation for filing a malpractice lawsuit. There are severe criminal, civil, and judicial penalties for taking such illegal actions. For engaging in an act such as altering your medical records, your doctor could face anywhere from criminal fraud charges to the loss of his medical license.
To file a certificate of merit you must first contact an expert, usually another physician. This expert will review your medical records and certify that the original health care provider deviated from accepted medical practices, which resulted in your injuries. The attorney that you hire will now file the certificate of merit, which confirms that you spoke with a medical expert and that your action has merit.
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.
A patient was in the hospital receiving care from a doctor. The doctor does not visit for days, so the patient called his office to complain. Afterwards, while the patient's wife was visiting, the doctor stormed into the patient's hospital room and screamed: "Let me tell you one [expletive] thing, don't nobody call over to my office raising hell with my secretary. ... I don't have to be in here every [expletive] day checking on you because I check with physical therapy. ... I don't have to be your [expletive] doctor." The patient’s wife interjected by telling the doctor that he would not be the patient's doctor for much longer, and the doctor snapped in reply: "If your smart [expletive] wife would keep her mouth shut things wouldn't be so bad." The wife began crying, and the patient began suffering from uncontrollable shakes, which eventually led to the need for psychiatric treatment. The Court held that Patient could sue for IIED.[9] 

A about a month ago, I called my Doctor office, about an issue I was having, he gave me an antibiotic, but never ran any test to determine my problem. I was having the same problem about a week after, I called again. I was given another antibiotic, and finally he ran a urine test to determine if I had a UTI. It came back ok, he still had me on an antibiotic. I then got worse and I had to go to the ER, and get treated, I then called my Doctor the Monday after, and was seen in office, he looked at me real quick, pushed me out the office and just said I had a STD, and treated me for it with 2 more types of antibiotics he did not run any test to determine if I had an STD,. He made me believe that I had a disease and I felt so low and scared and angry. I have since wrote a letter to my Dr, asking for him to see me and please address my issues in detail with me. He has refused and has decided to drop me as a patient and told me to see a new Doctor. I read where in Pennsylvania you can sue a Doctor for emotional distress, is that true can I sue my Doctor for emotional distress?
About three-quarters of mediations result in a satisfactory outcome, often within a day, but mediation is not legally binding until a written agreement is signed and the case can proceed to court. The NHS Litigation Authority launched a mediation service in 2014 for cases that have reached the compensation stage (contact the trust involved directly for more information). The Tutu Foundation also offers a mediation service (tutufoundationuk.org, tel 01865 514830).
In a handful of states, the court sets (or at least can consider the reasonableness of) the percentage that a plaintiff’s medical malpractice lawyer can receive after a successful case. For example, in Arizona, either party may request that the court review the reasonableness of an attorney fee agreement in a medical malpractice case.   And in Tennessee, the court itself sets the amount that the attorney will receive, and the lawyer's "cut" may not exceed 33 and 1/3 percent.
Be aware that even though you can do your own calculations, only an experienced, competent lawyer can help you get the highest settlement possible for a serious injury. Insurance companies use a settlement calculator to determine how much you will be compensated for the medical expenses, devastating pain and suffering, emotional distress and loss of income relating to your car accident, or another accident claim.
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.
Medical malpractice cases are generally sought by patients who have been harmed or injured due to poor medical treatment or mistaken diagnosis from a medical provider such as a doctor, nurse, technician, hospital or medical worker. Typically, the measure of whether a medical provider was “negligent,” or failed to provide proper care, turns on whether the patient would have received the same standard of care from another medical provider under similar circumstances.
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.

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.
Loss of wages is capped at three times the Average Weekly Earnings published by the Australian Bureau of Statistics.  Most injured people are not caught by this provision as it requires a gross salary of more than $140,000.00.  Claims for lost superannuation entitlements are only allowed at the compulsory employer contribution rate (currently 9% of your salary).
Intensity. The more intense the mental anguish, the better chance you have of proving that your emotional distress was severe enough to deserve compensation. In some cases, however -- particularly, cases alleging negligent (rather than intentional) infliction of emotional distress, courts will typically require some sort of physical injury as well.
Pain and suffering is a term used to define the physical and mental suffering that a plaintiff endures as a result of an injury. It is a component of the plaintiff's damages. So, in a medical malpractice case, the defendant health care provider can be liable for the harmed patient's pain and suffering, in additional to other damages like the cost of medical treatment and lost income.
When my father passed from MRSA acquired after open heart surgery (acquired either in the hospital or rehab center) I called 40 attorneys and was told the exact same thing as the article states: He was too old, had lost his viability (translate earning potential) and had no wife (she had died). Most of them would not tell me why they would not take the case, but one did. It's not only hard to hear that your elderly parent has no value legally, but this is exactly why doctors and hospitals and other medical facilities continue their poor attempts at keeping hospitals as clean as possible. They answer to no one.
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.
Before every medical malpractice case, Goldfinger Law will retain a doctor or leading medical expert in your field of care to assess the merit of your case. This doctor will give us their opinion on whether or not your case will stand a fighting chance in Court. But these opinions are NOT free. They come at a cost. Only in the most obvious of cases will these medical opinions be free of charge.
Have you suffered a personal injury? The following is a guide to help you easily figure out how much your case is worth, by using our free pain and suffering calculator. This formula is 100% accurate and can help you receive the maximum settlement. Our guide contains legal topics to help you with every aspect of your car accident or personal injury law.
If a personal injury claim was always as simple as only having special damages, things would be more clear cut. However, a personal injury claim almost never ends at special damages. Oftentimes, an injured person also suffers non-monetary damages that one cannot easily place a price on. This is the problem with pain and suffering claims, and thus the need for a way to calculate a number that is fair for the insurance company and the injured victim and family.

My ex husband and I have been divorced for 5 years now. He has primary physical care during the school year and I have primart during the Summer. Ever sense the divorce he has made my life a living nightmare if he doesnt like something or if its not what he wants. In results to all of this through out the year made me have suffer from depression. What can I do?


Whether the doctor lived up to the standard of care will likely require an expert opinion. One of the issues the expert will examine is the defendant doctor's differential diagnosis method. When trying to diagnose a patient, a doctor makes a list of diagnoses in order of probability and tests them by asking the patient questions, making further observations of the patient, or ordering tests. The goal is to rule out diagnoses until there is only one diagnosis remaining. However, in many instances, a doctor learns more information that requires him or her to supplement the list with other potential diagnoses.
This website contains general information about legal matters. The information provided by Jacob Regar is not legal advice, and should not be treated as such. The legal information on this website is provided “as is” without any representations or warranties, express or implied. Jacob Regar makes no representations or warranties in relation to the legal information on this website. You must not rely on the information on this website (including Jacob Regar’s response to your question) as an alternative to legal advice from your attorney or other professional legal services provider. No attorney-client relationship is created through the exchange of information on this website. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.
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.
The settlement a person receives for their pain and suffering depends on many factors. This includes the severity of the injury, type of medical treatment received, the length of recovery time, and potential long term consequences of the personal injuries. In addition to physical pain, claimants can also cite emotional and psychological trauma in their pain and suffering claims. For example, a visible scar on the face can lead to painful feelings of constant embarrassment and insecurity.
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 where the other party was clearly at fault, the injured party will receive at least some compensation for their pain and suffering. Most insurance companies recognize that people who are injured in a car accident deserve something for their pain and inconvenience. Often, the amount insurance carriers try to get away with, at first, is very low. But with proper attorney representation, this number can be increased to reach an acceptable sum.
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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