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Hospital Negligence: How to Sue a Hospital for Wrong Diagnosis

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Hospital Negligence

Hospital Negligence: How to Sue a Hospital for Wrong Diagnosis

Hospital Negligence – You have full legal rights to sue a hospital and to receive compensation for any mishap due to the hospital’s wrong medical diagnosis, which is a common parlance is referred to as “misdiagnosis” by United States’ attorneys. To do this, however, certain steps must be taken in order to win the case in court. See the steps below:

Hospital Negligence: How to Sue a Hospital for Wrong Diagnosis

  1. Act Before The Statute of Limitations (SOL) Expires

Every state in the United States has a Statute of Limitations (SOL) expiration period. This is the time interval by which you as a patient can file a case against a hospital or medical practitioner for a hospital negligence such as misdiagnosis, upon expiration of which your suit becomes null and void or incapacitated.

So, do not wait too long to file a claim. Rather, file your legal claims promptly once you notice that you have a misdiagnosis issue. So, before you file that legal suit against your hospital, check if your SOL is still valid. If yes, then, proceed to the next steps.

In the state of Georgia, Lloyd Bell of Bell Law Firm, a foremost Attorney firm in Georgia clarifies that “…a victim has only two years from the date of the injury to take legal action, although that date may come after the actual date that the misdiagnosis took place”.

Lloyd Bell equally remarks that “there’s also a “statute of repose” that places an absolute time limit on a victim’s ability to file a medical malpractice lawsuit in Georgia – five years after the date of the incident that caused the injury.”

In the state of California, for example, the Statute of Limitations (SOL) has a lifespan of three years to file a medical malpractice lawsuit after the harm occurs, or one year after the harm is discovered (whichever comes first), remarked David Goguen of Allaw.com, a member of the Nolo Network of attorney websites domiciled in California, USA.

Alllaw.com has provided a comprehensive Statute of Limitations (SOL) chart for each state in the United States on its website. You can follow this link to find out the SOL for your state now.

  1. Consider Hiring A Qualified Medical Malpractice Attorney or Firm

Never attempt to handle a hospital negligence case such as the Wrong diagnosis on your own. Doing so is legal, medically, and procedurally unwise as you may never win a complex case such as this on your own. Rather, if you have qualified for the SOL discussed above, hand over the complex medical procedures to a medical malpractice attorney in your state. There are many of them in each state. Do a small check to see which one to go to in your state.

Interestingly, many hospital negligence lawyers handling cases related to misdiagnosis generally offer free initial consultations or contingency fees, where the patient will not have to pay the lawyer. However, should the lawyer win the case, the law firm will take a portion of the compensation awarded to the client, and this in most cases is usually about 1/3 of the compensation fee.

On the other hand, where the lawyer loses the case, the lawyer goes unpaid. But more often than not, the lawyer usually wins. You need a lawyer or law firm because he (they) have the legal might and experience to prove your case appropriately in the law court.

They do not only possess a firm understanding of the law as it applies the issue of the wrong diagnosis but knows how to outwit the loopholes of the defendant since they possess the expertise in many things including the retention of the right expert medical witness.

  1. Determine Whether the Hospital Is Really at Fault

That the misdiagnosis was done in a hospital does not necessarily mean that the hospital is totally at fault. In many cases, the patient cannot simply sue a hospital for a treatment error done by an individual doctor who provided sub-standard medical diagnosis, especially where such a doctor is not necessarily an employee of the hospital but perhaps, an independent contractor. In such a situation, your legal action will be against the doctor and not the hospital.

But in a situation where the doctor is an employee of the hospital and his/her incompetence is obvious to the hospital, but he/she is still assigned to you for medical attention and he/she is liable for the wrong diagnosis, according to United States Medical malpractice law, you have full legal rights to sue the hospital for negligence.

  1. Obtain All Necessary Medical Records

It is the duty of the hospital to keep the medical records of every patient for at least a few years after any treatment had been given. You will, therefore, proceed to the hospital where you were diagnosed, pay the hospital charge for copying expenses and obtain copies of your medical records. These, you will use for prosecuting your medical lawsuit for the wrong diagnosis against the hospital.

  1. Quantify/Weigh Your Damages

If in the course of the medical battle against the hospital, the hospital decides to make an offer to settle the case, as a patient, it is laid upon you to carefully weigh the offer against all possible losses and harm due to the misdiagnosis including:

  1. Past and future medical expenses,
  2. Past and future wage losses,
  3. Pain and suffering,
  4. Loss of enjoyment of life (the decreased value of a person’s life as a result of the injury, including, measured by changes in lifestyle, such as the loss of the ability to enjoy sports, walk or play with children),
  5. And the loss of consortium (losses to family members as a result of the injury, measured by loss of companionship or the loss of the ability
  6. Comply With any Procedural Rules

Every state in the US has a number of hoops which a patient must jump through before filing a hospital negligence such as misdiagnosis. These requirements vary from state to state.

One of such hoop required of by the patient is to file an affidavit of merit in which a qualified medical expert would attest that the case put forward by the patient (i.e., the plaintiff) is a valid one. Additionally, you might have to provide a claim to a medical review board prior to filing in court, or alternatively, agree to some form of alternative dispute resolution (ADR).

Sometimes, you may be required to completely comply with these state rules prior to filing a medical malpractice complaint such as this one against the wrong diagnosis by the hospital in court.

Kindly check with the law enforcement in your state to ascertain the requirements mandated prior to filing in your case. You can as well consult an experienced hospital negligence lawyer who is competent in handling cases related to misdiagnosis in your state for assistance.

  1. Draft and File a Complaint

While drafting your complaint, be careful that the under-listed information is included:

  1. Your name,
  2. Names of the parties responsible,
  3. A description of how the injury happened,
  4. The harm that was caused, and
  5. The amount of money that you expect in compensation.

You are expected to file this complaint at the office of the clerk of the local (i.e. county) branch of the state court in your state. This is usually referred to as “[insert state name here] Superior Court, County of [insert county name here].”

Also, ensure that you comply with any special procedural rules as you may be directed at the state court in your court.

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Health

Where to find pure Shea butter online (With free home delivery)

I know how difficult it is for people, especially women looking for where to find pure Shea butter online to buy. Are you are looking for Shea butter for your hair, Shea butter for your face, or Shea butter for your skin? Then this well articulate post is for you!

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Where to find pure Shea butter

Where to find pure Shea butter online?

I know how difficult it is for people, especially women looking for where to find pure Shea butter online to buy.

Are you are looking for Shea butter for your hair, Shea butter for your face, or Shea butter for your skin?

Are you a lady looking for Shea butter for your stretch mark? Or you are so anxious to know the importance of Shea butter or Shea butter benefits?

Then this well articulate post is for you!

If you’re one of them still searching for raw or unrefined Shea butter products online, this list is your best and final bus stop.

Shea butter we all know is a healthy food to your skin that contains high levels of vitamin A, E, and F. It comes with UV security and also a superb moisturizer.

Raw, unrefined and pure Shea butter is known to be used in many of the top beauty brand products globally which help fight wrinkles, reduce or offer zero level inflammation and also a core remedy for other popular skin conditions.

But the setback is always from getting quality raw, unrefined Shea butter products to buy online or offline.

All hope is not lost yet, why? Because the retailers listed below are all being known for selling authentic pure Shea butter at affordable prices.

I know when it comes to shopping online, the first thing that comes to your mind is fear of getting scammed or not receiving what you paid for.

But I am giving you a 100% guaranteed that the below list of retailers is genuine and reliable to shop beyond pure Shea butter products.

A word caution…

Read Also: 7 Best Ways To Make Money Online

While visiting any of the retailers, kindly look out for both positive and negative reviews from other buyers to help you filter the trusted sellers to buy from with confidence.

Also know that if you’re not satisfied with what you got after payment, you can make use of the retailer return policies and free shipping to negotiate on how to get your money back or a replacement of the bad product.

But trust me, the below list will make others jealous of your skin, hair, face and make you feel good investing in your beauty.

Below are the top sites to find pure Shea butter online:

  1. Amazon.com
  2. Amazon.co.uk
  3. eBay.com
  4. AliExpress.com
  5. TheBodyShop.com
  6. us.strawberrynet.com
  7. Sephora.com
  8. Amazon.in
  9. Jumia.com.ng
  10. Jiji.ng
  11. Ayamdie.com
  12. Skincarestore
  13. L’Occitane

If you know where to find pure Shea butter online and they are not listed above, kindly share with us using the below comment box.

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Health

Lyme Disease: Recognize The Way To Prevent It

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lyme disease
Lyme Disease Symptom - Google Images

Lyme Disease: Recognize The Way To Prevent It

Lyme Disease – Microorganism Borrelia burgdorferi sensu lato will also be the reason for the ailment. From a contaminated black-legged or deer tick, B. burgdorferi is transmitted to humans with the aid of a bite.

Deer tick also is frequent because the black-legged tick contains the infection. To transmit the infection, a tick needs to be current on the skin for twenty-four to forty-eight hours.

People who endure from it don’t be aware concerning the tick chunk as they locate it intricate to recall. Fever, muscle pain, fatigue, sore throat, vision complications are probably the most signs of the Lyme disease which people can journey.

The symptoms rely on the stage of the disease. The probabilities of you getting the disease to depend on the region the place you were in and the variety of tick that bit you.

If you remove the tick on time you then may also no longer get infected. Ticks are of three sizes – larvae are like sand grains, nymphs are like poppy seeds and a grownup is like apple seeds.

The symptoms you might also experience a rash on your body, headache and neck stiffness are the other symptoms. One may get arthritis, irregular heartbeat, numbness, inflammation of the spinal cord and excruciating pain.

The remedy: The sickness can be treated with antibiotics and one should be extremely cautious and alert to see no matter if the tick chunk occurs.

To avoid the tick chunk

 

  • You’ll want to put on clothes which cowl your full body and shoes and shocks whereas entering into the woods, or within the forest, make sure you additionally wear a tick repellent to maintain the ticks at bay. people who go on trekking or camping should still also be careful.
  • You should definitely bathe within two hours and examine if any ticks are current for your skin and hair. if so, wash them out. remember to put your clothing and other equipment in the hot dryer.

 

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