Like any profession or job doctors and other medical professionals can make errors of judgement or neglect to carry out their duties to the required standard. Usually this is not the case and the vast majority of medical practitioners do excellent work every day in our hospitals and clinics. When they do occur, however, incidents of hospital negligence and medical errors are often due to the pressure (and fatigue) of working long hours in what is undoubtedly a stressful environment.
Medical malpractice occurs when a patient is harmed by a doctor (or other medical professional) who fails to competently perform his or her medical duties. The rules about medical malpractice -- from when you must bring your lawsuit to whether you must notify the doctor ahead of time -- vary from state to state. But there are some general principals and broad categories of rules that apply to most medical malpractice cases. Here's an overview of the law and some of these special rules.
Several states have sought to control increasing non-economic awards by implementing compensation caps for these types of damages. Most of these compensation caps directly address medical malpractice issues where malpractice premiums rose to a level to become disincentives for physicians to practice. The tort reform of non-economic damages was intended to ameliorate this situation and protect doctors and health facilities from exorbitant damages. However, advocates against caps argue that caps unduly penalize those victims who may require a level of damages to compensate for lifelong losses that can never be regained.
Unfortunately, patients can die as a result of these “adverse events.” If your loved one is one of the 98,000 patients who die annually as a result of medical malpractice, then you still have to take steps. First, you should contact the local medical examiner to set up a forensic autopsy. Sometimes, they will do this on their own as there are specific local laws that may require such an autopsy. If they do not, however, you may have to pay for the autopsy yourself with an independent pathologist. Regardless, it is a good idea to have such a procedure performed along with accompanying toxicology tests to determine the cause of death and uncover any evidence of possible wrongdoing or malpractice.
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.
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.
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.

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.

It is very common for an injured person to consult a lawyer saying ‘if Dr Smith had told me I would end up like this I would never have agreed to the procedure’.  While the saying ‘hindsight is always 20/20’ is often appropriate, there are situations where an injured person could and should sue their doctor or other professional for failing to warn them of significant risks of a procedure.
An employer was displeased with employee’s work, and began circulating an old mug shot of the employee around the office. The employer then hired a private investigator to place the employee under surveillance. Coincidentally, the investigator discovered that the employee was cheating on his wife, took photos, and sent them to his wife. The employee's wife subsequently divorced him. The employee sued the employer for IIED. The Court held that the employee could not sue the employer for IIED because the conduct did not rise to the level of “outrageous.” [7]

website: https://www.prslaw.com/ Copyright © , Power Rogers & Smith, L.L.P. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


Several states have sought to control increasing non-economic awards by implementing compensation caps for these types of damages. Most of these compensation caps directly address medical malpractice issues where malpractice premiums rose to a level to become disincentives for physicians to practice. The tort reform of non-economic damages was intended to ameliorate this situation and protect doctors and health facilities from exorbitant damages. However, advocates against caps argue that caps unduly penalize those victims who may require a level of damages to compensate for lifelong losses that can never be regained.
If you or someone you love believes that you could have a lawsuit against a hospital for negligence or malpractice, we invite you to contact the Chicago hospital lawyers at Power Rogers & Smith, L.L.P. today. We’ll review the details of your situation at no cost to you and explain your legal rights and options. Should you choose to contact us and should we end up taking your case, we will walk you through the process so you can know what to expect. We look forward to hearing from you soon.
There is a functional as well as a sentimental component to loss of consortium claims. In the spousal context, loss of consortium often requires that intimate details of the couple’s relationship be examined and made part of the public record. It is important to be aware of that before considering whether to bring a loss of consortium claim. The sentimental component may include the impact the injury had on a married couple’s sexual relationship as well as companionship (such as if the couple used to go out dancing frequently). The functional component includes services the injured spouse used to provide (such as taking out the trash and driving the kids to school).

Misdiagnosis in a hospital emergency room can be caused by the pressure and reduced time available to look into various differential diagnoses. Unusual illnesses or illnesses that are distinctive to a particular population are more likely to be missed. For example, a homeless person who comes to the emergency room asking for pain medication may be taken less seriously than an ordinary person who comes in wearing clean clothes and complaining of stomach pains. This may result in a missed diagnosis of appendicitis regarding the homeless person.
The civil tort of assault is premised on the fact that a person says something or otherwise implies that he or she will have some type of harmful or offensive contact with the victim and the victim has reasonable apprehension of this contact occurring. This tort does not require that the contact actually occur, but merely requires that the victim has the apprehension that it will. In the medical context, this may occur if a doctor threatens to take medical action against the patient’s will.

We have had multiple lawyers look at the case. All of them have told us that while they believe mistakes were made, it would cost too much to prosecute the case to be worth it. Since he was 25, single and childless, there are no financial losses; no one who was depending on his paycheck. All we really want is answers and assurances that something has been done within the hospital to prevent similar mistakes from occurring again.
As you read this, don't assume she passed because of her heart. The surgery was successful, as expected. It was the aftercare that killed her: Avoidable infections, overdose of heparin, lines becoming dislodged, a doctor collapsing her lung while removing a drain tube. It seemed endless but was only 95 days. One heart surgery with a 99.9 percent success rate and a week of recovery in the hospital turned into three heart surgeries, an exploratory abdominal surgery and seven hospital associated infections and 95 days later, her death. I wish there were a medical court (of sorts) that patients could go to without an attorney. They could file a complaint and sit in a room with the doctor, nurses, specialists and a panel of “judges” and plead their case. Ask their questions. No attorneys. No “specialists.” Just a place to get answers, and, if needed, monetary compensation. Personally, I just wanted answers.
Unlike regular insurance firms, the CMPA fights cases, even if settling would be cheaper. “(We) recognize that the reputation of any professional is highly important to their ability to continue to pursue their career. Accordingly, when the CMPA believes the care provided was appropriate, we provide the physicians with an appropriate and ethical defence,” says the CMPA’s Dr. Douglas Bell. Toronto lawyer Paul Harte argues the strategy intimidates many lawyers from bringing cases forward and denies injured patients access to justice.
In July 2003, Toney delivered a boy with profound deformities, including partial arms and legs. Toney sued Dr. Goyal and Chester County Hospital in 2005 for negligent infliction of emotional distress, alleging that Dr. Goyal did not prepare her for the shock of witnessing the birth. Toney said she experiences ongoing grief, rage, nightmares, nausea, hysteria and insomnia. The lawsuit did not include a medical negligence claim.
My younger brother died almost 2 years ago. He coded (his heart stopped beating) a couple days after a colostomy procedure. The doctors rushed him into surgery as he was clearly bleeding internally. They didn't find the source of the bleed, but after looking for a while, gave up and closed the surgery anyway. He continued to bleed, which led to two more surgeries, more complications and his eventual death.
7. Hospitals are afraid of this investigation: If a violation of the statute is alleged, the federal government comes into the medical facility and investigates not just the claimed violation, but any violation of any type from the statute. This gives the plaintiff lawyer great leverage with the hospital to settle both the state malpractice and federal EMTALA claims quickly and quietly.
Special medical malpractice review panels. Many states require the patient to first submit the claim to a malpractice review panel. This panel of experts will hear arguments, review evidence and expert testimony, and then decide whether malpractice has occurred. The panel decision does not replace an actual medical malpractice lawsuit, and the panel cannot award damages, but it's a hoop the patient must jump through before getting to court. The findings of the review panel can be presented in court, and courts often rely on a review panel's finding of no medical malpractice to throw out a case before it goes to trial.
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.
A large number of medical malpractice lawsuits stem from the misdiagnosis or delayed diagnosis of a medical condition, illness, or injury. When a doctor's diagnosis error leads to incorrect treatment, delayed treatment, or no treatment at all, a patient's condition can be made much worse, and they may even die. That being said, a mistake in diagnosis by itself is not enough to sustain a medical malpractice lawsuit.
Every incident of misdiagnosis is not considered medical malpractice. In order for a misdiagnosis to be labeled as medical malpractice, the plaintiff must be able to prove that the doctor was negligent. This means the plaintiff must show that another doctor would have been able to accurately diagnose the victim’s condition under similar circumstances.
My girlfriend was one month pregnant when she went to the ER one night because she was bleeding a little.She had previously been to a pregnancy center where she was told there was no fetal heartbeat on the ultrasound and to go see a doctor in case of bleeding.The ER doctor upon being told this,asked the nurses to stop the blood tests being done and also said the baby was dead and would be ejected from the body.He provided prescription for pains after the "miscarriage" happens and my girlfriend was discharged.She went home and cried for two days straight.Well the baby is very much alive and doing well.Can the doctor be sued for emotional stress and for not completing the required blood work before coming to his conclusion?
Rather, the law only requires medical professionals to act according to the proper standard of care. If you have evidence that your doctor violated this standard when failing to diagnose your condition, then you may have a legitimate malpractice claim. Oftentimes, an expert witness will be called in to determine whether a medical professional did indeed violate his or her standard of care.
Suing a hospital for misdiagnosis is dependent on whether the doctor is an employee of the hospital. A hospital is liable for all damage committed by their employees once the employee is performing his/her duties. The principle of employer’s liability states that any act or omission by the employee in the course of their employment which causes loss, damage or suffering can be attributed to the employer. Therefore, once the doctor was an employee of the hospital then all his/her acts or omissions are attributed to the hospital. However, if the doctor was an independent contractor of the hospital that is where the hospital does not have any control in how the doctor carries out his functions but the doctor’s only responsibility is that he ought to perform the duties under his contract at the standard required; then the hospital is not liable. Where the doctor sets his own fees and work hours then he is not an employee.
The loser of a lawsuit has to pay some of the successful party’s legal fees. So patients who are already struggling financially because of a medical error may be reluctant to take on the financial risk, says Susan McIver, author of After the Error. “It’s a real David-and-Goliath situation … Plaintiffs risk losing their homes and life savings when going up against an organization with deep pockets filled to a significant extent by taxpayers’ money.”
There are many alternatives to litigation. Depending upon the jurisdiction you are in -- and whether there are caps on damages that may come into play in a formal trial -- you may wish to consider these options. Remember that in many cases alternative dispute resolution is simply part of the trial process and not the endgame. Your best first step might be discussing your options with an experienced medical malpractice attorney.
And don’t kid yourself. If you think that your doctor just made a mistake and that it won’t happen again – think again. Chances are, if he made a mistake with you, he very well could have done it before and will do it again. Don’t be dissuaded by your doctor’s apologies or his downplaying of your injuries. An apology won’t pay for your medical expenses, and it certainly doesn’t ensure that he realizes the full consequences of his negligible actions.
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).
One attorney wrote to us that my Dad’s age was above the average life expectancy, and therefore it “seriously reduces the damages likely to be awarded for loss of future life earnings. Certainly this does not excuse the poor care he received but this makes the case economically untenable as the expenses will likely eat up the majority of likely recoverable damages. We do not have punitive damages in Washington (state) that an outraged jury could award to punish the Dr. and Hospital for their callousness. For these reasons our firm does not wish to undertake this case.”
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Misdiagnosis in a hospital emergency room can be caused by the pressure and reduced time available to look into various differential diagnoses. Unusual illnesses or illnesses that are distinctive to a particular population are more likely to be missed. For example, a homeless person who comes to the emergency room asking for pain medication may be taken less seriously than an ordinary person who comes in wearing clean clothes and complaining of stomach pains. This may result in a missed diagnosis of appendicitis regarding the homeless person.
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.
When it comes to determining the extent of physical pain, there are no computer programs to rely on. Each of us experiences pain differently. Even with today’s advanced medical technology, the best method doctors have for measuring a patient’s pain is a self-rated pain scale. This is when a doctor asks, “On a scale of 1 to 10, how would you rate your pain?”
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.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Consult with a licensed attorney in your state before relying on any information found on this site. If you are currently represented by an attorney, you should strictly abide by his/her counsel.

3. Evidence - keep track of any evidence which could be relevant to your case. Keep detailed records of your appointments with your GP, together with records of any telephone consultations and referral appointments. Your solicitor will arrange to obtain and copy of your medical notes and x-rays. You will have to pass this information on to your lawyer and it will be a lot easier if you have it at hand. Keep any prescriptions, receipts from further treatments, notes of further treatment and a diary detailing the progression of your health issues. For example, if you fell ill with appendicitis and your GP failed to diagnose it, you should keep a note of the progression of your condition, if you are well enough to do so. All of this is not vital, but very helpful.  
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]
Unfortunately, patients who have been injured from a delayed or misdiagnosis have the added burden of proving that medical malpractice has occurred. Consultation with an experienced medical malpractice lawyer is crucial to a successful outcome. At Folkman Law Offices, we advocate for patients who have suffered due to a medical mistake and help them collect the compensation they are entitled to under the law.
At Walker Head Lawyers, our full service boutique firm has developed a reputation for putting client’s as our first priority. Our lawyers are well known in the Durham Region and have provided legal counsel on a variety of legal matters since 1980. Our firm services clients on a wide range of legal matters including but not limited to personal injury law, family law, corporate law, real estate law, business and corporate law, civil litigation, employment law, wills and estates law, estate litigation, class action lawsuits as well as municipal law matters. Contact our office today and request a consultation with a member of our legal team.
In the state of North Carolina, an individual is held accountable for the intentional infliction of emotional distress if the victim or plaintiff can prove that the defendant’s conduct was outrageous and extreme, that the conduct was intended to cause severe emotional distress, and that the defendant’s conduct did in fact cause severe emotional distress. Although the definition of outrageous conduct can be subjective, it should be more than just threats, annoyances, insults, and petty oppressions.
If you have been  harmed due to a healthcare provider failing to diagnose a medical condition, or misdiagnosing one, you may be considering the question – “can I sue a doctor for misdiagnosis?” The short answer to this question is “maybe”.  To provide an accurate answer, it is necessary to take a more in-depth look at the facts surrounding your situation.
Our dedicated team of experienced attorneys bring years of successful litigation and courtroom experience to offer a fresh outlook for all your legal matters. Regardless of the complexity of your situation, our team can provide you with a thorough evaluation of your case and current legal standing. To request additional information regarding our services, please reach out to our offices at your earliest convenience by calling 866-640-7560.
Every doctor and nurse has a legal duty to provide a good standard of care. If you feel they have fallen short, you can report them to their regulatory body. For doctors, this is the General Medical Council (gmc-uk.org), or the Nursing and Midwifery Council (nmc.org.uk) for nurses. These bodies can investigate serious mistakes in clinical care, dishonesty or abuse of position, but can’t make a doctor or nurse apologise to you, impose a fine or help you with a compensation claim.

website: https://www.prslaw.com/ Copyright © , Power Rogers & Smith, L.L.P. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
It’s a scary proposition: You put your faith in the hands of a physician only to be injured or harmed in the process. The fact that it happens often is not calming in any way. For instance, a reported 98,000 patients die annually as a result of medical malpractice (http://www.medmalfacts.com/facts-and-myths/). Another study shows 134,000 Medicare patients each month have an “adverse event” where they are injured in some way by doctors or medical staff (http://www.reuters.com/article/2010/11/16/us-medicare-errors). Unfortunately, if you are harmed in some way by your physician, then you have certain steps that you absolutely must take if you want to get some form of justice or compensation. Here’s an idea of what you have to do if you are injured by your physician (http://www.propublica.org/article/what-to-do-if-youve-suffered-harm).
Finding a qualified medical malpractice attorney can mean the difference between receiving compensation for your injuries and walking away empty-handed. An experienced attorney will be able to discuss the strengths and weaknesses of your case and advise you on a course of action moving forward. Begin by using FindLaw's attorney directory to contact a medical malpractice attorney today.
98% of the population are not the “type of people to sue”. However, when you or your loved one has been injured through the negligence of another person, you have basic responsibilities to ensure that medical bills are paid, lost wages are recovered, future medical expenses are paid – and if there is a physical disability, you must ensure that you or your loved one is compensated for the dramatic change in your life.
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