Posted by blueboy on June 16, 2008, at 17:06:20
In reply to Re: Nardil- The best AD ever....... Ace » Phoenix1, posted by ace on June 9, 2008, at 0:42:00
Anger at being mistreated, incorrect diagnosis, and lack of treatment do not constitute medical malpractice. You also have to prove that the actual condition caused damage that would have not occurred if treatment that meets the "standard of care" had been provided.
This is not a legal symposium and although I am an attorney, I never handled medical malpractice cases. (Actually, I did sit second seat on one psychiatric malpractice case, but it was a long time ago.) But I am fairly confident in the statement of the legal elements of the case in most states. Canada, I don't know about.
They are quite hard to win. You would need a reputable doctor to testify that your high blood pressure directly caused some specific injury. Like if you were taking Nardil and the hospital gave you Demerol and did not treat the resulting hypertension, and then you got a debilitating "hemorrhagic" stroke, you would have a very good case.
Hope that helps.
BTW, in the case where I helped out my partner, the plaintiff was a man's widow. He had telephoned his psychiatrist from a telephone booth and threatened suicide. His psychiatrist did nothing and the man did, in fact, kill himself.
We lost on summary judgment, i.e. the judge would not even allow it to proceed to trial. I can't remember exactly why we lost, sorry. IIRC, about 90% of malpractice cases result in a judgment for the defendant, although there are some enormous verdicts when the plaintiff does win.
poster:blueboy
thread:827439
URL: http://www.dr-bob.org/babble/20080606/msgs/834944.html