In order to take legal action against a medical doctor for malpractice, you cannot just simply file a lawsuit with the court. Rather, you must first send a notice to the doctor, indicating to him or her that you are planning to file a lawsuit for medical malpractice. After filing the notice, there may be a waiting period before the injured patient is eligible to file a lawsuit.
I was an RN and suffered serious and permanent harm from my cancer surgery. There were many errors, including my waking up during surgery, life-threatening infection, internal sutures that did not dissolve, renal failure, a collapsed lung after hospital discharge, abscesses and wound dehiscence. Years later, I am homebound and unable to work. I would be making $80-100,000/year now or more but am stuck barely above poverty on Social Security Disability. Since I and the various insurances have spent over $2 million for my care, and I do not have enough money to obtain all the care and medications I need, I am very unhappy. I have a potential new abscess now. It is a living horror, and the cancer may return. I am always in pain. No attorney would take my case. Even the failure to diagnose the cancer for years, with facts right there for every doctor I went to with my symptoms, isn't actionable. I am however, alive.
If a piece of machinery fails during an operation, the doctor is not at fault unless they knew the machine was faulty and proceeded anyhow. There are several people or entities who could be to blame from the incident including the manufacturer of the equipment. One of our personal injury lawyers can advise you on any possible claim based on the details.
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.
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.
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.
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.
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An injury was caused by the negligence - For a medical malpractice claim to be valid, it is not sufficient that a health care professional simply violated the standard of care. The patient must also prove he or she sustained an injury that would not have occurred in the absence of negligence. An unfavorable outcome by itself is not malpractice. The patient must prove that the negligence caused the injury. If there is an injury without negligence or negligence that did not cause an injury, there is no case.
When it comes to the second emotional distress claims based on intentional conduct, it all depends on how the terms are defined. First, it has to be determined whether the conduct of the medical practitioner was outrageous or extreme. Secondly, it has to be determined if the defendant’s acts were intentional or reckless. Finally, you will be required to clarify whether the emotional distress was severe.
If you wish to discuss a negligence claim against a medical professional in Ontario, please contact us. The consultation meeting or telephone discussion will not cost you anything. A bit of free advice – any claim you intend to pursue must commence sooner than the two year anniversary of the treatment that you received from your medical health professional. There are exceptions. Don’t rely upon them.
There are many reasons that a doctor can be held liable for negligence. Diagnostic tests such as blood work, MRI, ultrasound, CT scan, or x-rays are crucial when there is a possibility of internal injury, head injury, broken bones, organ failure, or illness. Failing to order these tests can result in a doctor diagnosing a sprain instead of a bone fracture, or missing pneumonia in a patient that they diagnose with asthma. Without the benefit of a CT scan, a patient diagnosed with a concussion could actually have a serious head or neck injury that can have permanent repercussions.
When suing a hospital or a doctor, you usually seek to recover past and future medical bills, lost wages, and other financial losses. But you can also seek compensation for pain and suffering. Generally, a person can pursue a claim for pain and suffering when they are injured due to negligence and experience either pain or suffering, individually or combined.
Often, with major cases, focus groups are used to determine these kinds of situations. In a personal injury case focus group, a group of people volunteer to hear the facts of the case and then answer questions pertaining to the case so that the attorneys can get an idea of what the general public (and hopefully the future jury) is thinking. Knowing that a focus group of 20 people all thought the victim should be paid at least $50,000 can help a lot in determining a starting point.
Proving medical negligence in these cases is inherently difficult and technical work. Furthermore, juries tend to favor the doctor in medical malpractice trials, making winning a lawsuit – or even a settlement -- against a doctor tricky. This is why these types of personal injury cases are often referred to lawyers whose regular caseload includes a good portion of medical malpractice cases. You’ll need an experienced attorney to successfully sue a doctor.