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What happens to the doctor in cases like this? Seems like a slam dunk medical malpractice lawsuit but then again it's just one word against another and damages

by xmprt 6y ago

What happens to the doctor in cases like this? Seems like a slam dunk medical malpractice lawsuit but then again it's just one word against another and damages are hard to prove since pain is only experienced in the moment.

ghufran_syed 6y ago
Depends on what’s written in the notes - but unless the notes specifically say otherwise, the presumption is that the patient’s recollection is the accurate one, given that this is an unusual situation for the patient to be in, but a routine situation for the doctor. The lawyer would probably need to subpoena the nurse if the notes didn’t have adequate detail to tell one way or the other. About the “pain is only experienced in the moment” - it wouldn’t be hard to find expert witnesses willing to testify that this was unacceptable medical care. But I don’t know enough about the legal aspects to know how that would translate into a claim for damages.
- srtjstjsj 6y ago
  > the presumption is that the patient’s recollection is the accurate one, given that this is an unusual situation for the patient to be in, but a routine situation for the doctor. That doesn't make sense to me. The patient is in a shocking situation and intoxicated. More important is that the doctor wasn't even present for the medication so has no evidence at all. Damages are decided by jury's emotions.
gnopgnip 6y ago
In most cases like this, nothing for medical malpractice. Calculating damages for pain and suffering is usually based on a multiplier of the "economic" damages, the medical bills or lost income from missed work. So in a case where the pain does not result in a longer recovery(or permanent disfigurement or worse) there are no, or nearly no damages. Because of the way tort reform has worked out, it would be impractical for an attorney to represent you unless you can show $25k+ in medical damages, even if it is clear the provider violated the standard of care and it caused you a great deal of pain. Also even in a straightforward case like this, showing that the standard of care was violated is not clear You could complain to the hospital ombudsman and your insurance co, both to prevent this from happening to others, and because it could reduce your bill.

by xmprt 6y ago

ghufran_syed 6y ago

Depends on what’s written in the notes - but unless the notes specifically say otherwise, the presumption is that the patient’s recollection is the accurate one, given that this is an unusual situation for the patient to be in, but a routine situation for the doctor. The lawyer would probably need to subpoena the nurse if the notes didn’t have adequate detail to tell one way or the other. About the “pain is only experienced in the moment” - it wouldn’t be hard to find expert witnesses willing to testify that this was unacceptable medical care. But I don’t know enough about the legal aspects to know how that would translate into a claim for damages.

srtjstjsj 6y ago
> the presumption is that the patient’s recollection is the accurate one, given that this is an unusual situation for the patient to be in, but a routine situation for the doctor. That doesn't make sense to me. The patient is in a shocking situation and intoxicated. More important is that the doctor wasn't even present for the medication so has no evidence at all. Damages are decided by jury's emotions.

gnopgnip 6y ago

In most cases like this, nothing for medical malpractice. Calculating damages for pain and suffering is usually based on a multiplier of the "economic" damages, the medical bills or lost income from missed work. So in a case where the pain does not result in a longer recovery(or permanent disfigurement or worse) there are no, or nearly no damages. Because of the way tort reform has worked out, it would be impractical for an attorney to represent you unless you can show $25k+ in medical damages, even if it is clear the provider violated the standard of care and it caused you a great deal of pain. Also even in a straightforward case like this, showing that the standard of care was violated is not clear You could complain to the hospital ombudsman and your insurance co, both to prevent this from happening to others, and because it could reduce your bill.