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Can You Sue A Doctor For Breaking Confidentiality | Can You Sue A Doctor In Alberta

* Legal aid. Legal Aid SA, a state agency that provides legal advice to those who cannot afford it, takes on medical malpractice cases selectively, depending on merit. “Our mandate permits us to fund litigation of medical malpractice and we have certainly done so in the past,” Legal Aid spokesman Mpho Phasha says. “We favour those cases where there is greatest impact, those that affect communities or where a legal principle is at stake.”

If you suffer an injury or illness after medical treatment, and it was a known risk that your doctor did not tell you about before you agreed to the treatment, it could be malpractice. A court will consider whether a reasonable person would have consented to the treatment if they had been told of the risks. In some cases, the failure to get any consent at all may also be an assault or battery. If you have experienced an assault during medical treatment, you can contact the police.


Medical negligence occurs when a doctor or other medical professional breaches the standard of care. In general, a standard of care is the accepted methods of treatment applied by other medical professionals in the area to patients with identical or similar conditions. A standard of care will vary depending on a number of factors, including geographic area, the age of the patient, and the medical condition.


The keys are 1) establishing the medical standard of care, meaning the level of care that was appropriate under the circumstances, and 2) demonstrating how the defendant fell short of meeting that standard. And in almost all cases, you’ll need the help of a medical expert witness to help you establish these things. An experienced medical malpractice attorney will be part of a network of professionals -- doctors, consultants, medical experts who have served in a variety of cases, and other medical malpractice attorneys -- and will utilize this network to locate and hire the right medical expert for your case.

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.
If you don’t file a medical malpractice claim or lawsuit against your doctor within the prescribed time period, absent some exceptional circumstances you will be barred from seeking monetary compensation for the injuries and damages you sustained. A medical malpractice lawyer should know the statute of limitations deadline in your jurisdiction and can work to make sure that a claim or lawsuit is filed in your case in a timely manner.
The keys are 1) establishing the medical standard of care, meaning the level of care that was appropriate under the circumstances, and 2) demonstrating how the defendant fell short of meeting that standard. And in almost all cases, you’ll need the help of a medical expert witness to help you establish these things. An experienced medical malpractice attorney will be part of a network of professionals -- doctors, consultants, medical experts who have served in a variety of cases, and other medical malpractice attorneys -- and will utilize this network to locate and hire the right medical expert for your case.

Kyle J. Shelton is licensed to practice law in both Arizona and California. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. You are encouraged to contact an attorney in your state to ensure that you receive the proper guidance/advice in your situation.


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.      
This is often the most difficult part of medical negligence cases and even lawyers have trouble getting their heads around it sometimes.  You may be able to prove that a doctor did the wrong thing, but you also have to prove that what happened next was the result of that wrong thing and you have to prove that it would not have happened if the wrong thing had not been done.  Deciding whether or not this is the case involves both factual and legal issues and is sometimes very hard to do.  You really need a lawyer who is highly experienced in medical negligence cases to look at this for you.
One number represents the most the insurer will pay for one claimant, and the other number represents the maximum the insurer will pay in total, regardless of the number of claimants involved. This second number would come into play if there were injured passengers involved. You probably have seen split limits before, they most often look like: 50/100 or $50,000/$100,000.

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.
One number represents the most the insurer will pay for one claimant, and the other number represents the maximum the insurer will pay in total, regardless of the number of claimants involved. This second number would come into play if there were injured passengers involved. You probably have seen split limits before, they most often look like: 50/100 or $50,000/$100,000.
This is medical negligence. The 1) the standard of care requires a surgeon, the surgical team, and the hospital, to not leave surgical instruments inside of a patient 2) the doctor fell below the standard of care, 3) and it made the man sick for a year 4) which caused him pain and suffering, to miss work, and to incur unnecessary medical expenses both in dealing with the mystery illness after the first surgery and again for the second surgery to remove the gauze.
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.
In some states, emotional distress claims based on negligence may be barred, depending on the presence, or lack thereof, of physical injury: some states bar emotional distress claims in cases where the distress is a direct result of physical injury, others require some demonstration of a physical injury or illness as a result of the emotional distress. And other states limit NIED claims to emotional distress experienced directly or as a bystander within a zone of physical danger.

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.


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.  

Once the claimant has satisfied the pre-suit investigation and notice requirements, the claimant may be able to file a medical malpractice lawsuit in the Florida court system. In order to prevail in a medical negligence case against a doctor, the claimant has the burden of proof. This burden may be difficult to meet, given that there is often a presumption that the doctor acted reasonably and properly under the circumstances.
A misdiagnosis or delayed diagnosis itself is not evidence of negligence. Skillful doctors can and do make diagnostic errors even when using reasonable care. The key is determining whether the doctor acted competently, which involves an evaluation of what the doctor did and did not do in arriving at a diagnosis. This means looking at the "differential diagnosis" method the doctor used in making treatment determinations.
When pursuing a claim against a doctor or hospital specifically, there may be “caps on damages.” This means that if a jury awards $10 million for pain and suffering in a medical malpractice case, a judge may be required by law to reduce that award to $250,000 or $500,000. These limits on non-economic damages vary from state and state, and will not always apply. Frequently catastrophic injuries, such as paralysis, brain injuries, or severe injuries to children, are allowed a higher limit. However, the caps do not generally apply to the portion of a monetary award meant for past and future medical care, lost income, or other financial losses.

Many doctors are not employees of the hospital, and in general a hospital cannot be held vicariously liable for a non-employee's negligence. However, when a patient goes to the emergency room, the hospital cannot tell the patient what a doctor's employment status is. Therefore, hospitals may be held liable for an emergency room doctor's medical malpractice.


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.
With the exception of a small minority of cases, the Florida medical malpractice statute of limitations is a hard and fast rule. Consequently, if you fail to file a claim or lawsuit for medical malpractice within the allotted time frame, you will be precluded from ever seeking monetary damages in your case. If you suspect that you sustained an injury or illness as a result of doctor negligence, you should contact the medical malpractice lawyers at Dolman Law Group as soon as possible.
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