Today we live in a democratic country and every law is made equal for all individuals so if any person experiences problem related to life and health due to another person then he/she has the right to sue him for that. In this topic, we are going to talk about How an individual can sue a doctor for emotional distress in the USA so let’s get started.
WHAT IS EMOTIONAL DISTRESS?
Emotional distress is an uncharacteristic change in a person which can be due to mental anguish, emotional sufferings, financial issues, particular circumstances, medical malpractice, or mental health problems. It encompasses many negative emotions. This can include
- Lack of sleep
- Mental suffering
These negative emotions can upset your body hormone balance and reduce the quality and happiness of life.
HOW MEDICAL MALPRACTICE CAN CAUSE EMOTIONAL DISTRESS?
We are dependent on our doctors if we need any kind of aid in any way. Doctors are the one whom you trust blindly and follows them to make you and your body feel good. What if these doctors are sometimes left facing our issues so carefully that a person can be emotionally discouraged. Medical negligence is the topmost reason for many cases of distress. In other words, it is the condition when a health care perfectionist fails to provide the level of care patient needs. This could be due to:-
Doctor’s negligence can lead to specific damages
- Improper treatment
- Delay in diagnosis
- Error in surgery
- Failure to warn a patient on known risks
- Failure to diagnose
- Physical, mental or financial abuse and many more.
1. SUE A DOCTOR FOR HIS NEGLIGENCE
It is the misconduct of not providing enough care or a kind of unskilled treatment done by a doctor to the patient. This medical negligence can lead to Medical malpractice and specific damage which can be very harmful to a patient. This includes Misdiagnosis, incorrect medication, not making the patient feel comfortable, and many more things. We can take the example to make it more convenient. If the patient is pregnant and went to the doctor for basic checkups and the doctor gave her incorrect medication which can be dangerous to her child will surely affect the foetus. As we know childbirth is a very crucial event for a mother but becomes worse when not handled properly by doctors and nurses. Many such cases have been reported where after delivery, the child is suffering from chronic illness due to incorrect medication. This may lead to bad emotional trauma to her mother which is just because of medical negligence.
2. SUE A DOCTOR FOR IMPROPER TREATMENT
Improper treatment given to a patient can make the victim suffer from drastic side effects. If a doctor selects the inappropriate treatment but administers it incompetently, it may be malpractice. A small mistake can lead to disastrous consequences which would never be considered as a simple mistake with an easy fix. Side effects can vary from an irritating allergic reaction to severe effects you never should have experienced. However, if it happens and a victim is not treated well, the doctor can be made liable for any further damage caused due to wrong treatment.
3. SUING A DOCTOR FOR ERROR IN SURGERY
Surgeries always require the best knowledge and experience. But there is a chance where errors can be made even under the most careful hands. That is why it should be done with due care and caution. Error in surgeries may include any foreign object being let in the body, wrong-site surgery, lacerations of any internal organ, unnecessary incision of major arteries or veins, severe blood loss, and more. With this, error in the administration of anaesthesia could be also a risky part of any surgery. Prior to, any medical surgery, anaesthesia plays an important role and the anesthesiologist has to review the patient’s condition, history, medication, etc to determine the suitable medicine. If anaesthesia malpractice occurs it may lead to very severe damage and further emotional distress to the victim.
4.FAILURE TO DIAGNOSE
Diagnosing signs and symptoms is a very necessary part and is important for every doctor to provide the best medical care to any patient. But even the slightest mistake by a medical care provider can have life-altering effects on patients. Failure to diagnose an important illness either in the case of major illness or pregnancy can cause complications. The doctor must warn a patient of known risks and if the patient once properly informed of all possibilities and risks, would decide to not go through with the procedure. Likewise, Foetus diagnosis is very crucial in pregnancy and if ignored can lead to abnormalities during childbirth. These abnormalities can be very heavy for a mother to accept and can lead to emotional distress.
4.PHYSICAL OR MENTAL ABUSE
One of the most silent and insidious forms of emotional distress is physical or mental abuse. Nowadays this is increasingly important to take care of the hospitals and nursing homes where you are admitted. Many cases have been reported that involve the use of force or threat of force is given by a doctor. Caretakers instead of providing proper care provide them with rough care which can fall into both the physical and psychological forms of abuse. On the other hand, if your doctor might have wrongly told you that you are left with only three months to survive, this causes you to become severely anxious. This is the case where emotional distress did not affect you physically but mentally.
CAN WE SUE A DOCTOR FOR EMOTIONAL DISTRESS?
Now the question arises, can we do so. Suing a doctor for emotional distress can be a big allegation. But the answer to this is Yes. You can very surely sue a doctor for a particular kind of misconduct that happened to you which leads you to mental anguish. Some laws are highly regulated by a complex body of rules and vary considerably from state to state. It is also essential to get proper advice and representation from a lawyer. You must also have proper proof and statements stating that your doctor violated a reasonable duty of care that caused tremendous emotional damage to you. There is an experienced local attorney which is only made for helping people with this particular situation. They will investigate your case with witnesses and will represent your case in a way that may increase your chances of receiving claim and compensation.
HOW TO SUE A DOCTOR FOR EMOTIONAL DISTRESS
If you are a sufferer and want to file a case against your doctor. The right place for you is the State Medical Council. You must require an attorney which will handle your issues and identify the best way to receive justice and compensation. One must need to keep all the documents necessary to protect one’s rights.
- Keep records of all money spent treating the distress such as prescriptions, therapist bills, drug costs.
- Proper documents and records of your situation.
Many well-educated lawyers can surely help you with your needs. Do not avoid and hesitate, if you or someone you know is suffering or suffered emotional distress due to medical negligence, just contact any law firm. All the emotional damages are monetary damages that are designed to compensate, so do not wait and stand for your rights.
You may also be known of the fact that these complaints can result in heavy fines, penalties, reputational damage, license suspension or limitations, and even complete license revocation of a physician.
ON WHAT GROUNDS CAN YOU PROVE EMOTIONAL DISTRESS DUE TO MEDICAL MALPRACTICE?
The court demands proof and evidence. So for suing a doctor for emotional distress you need proper evidence, a therapist or psychiatrist, documentation, witnesses testimony related to the accident are required. You can also provide your testimony of flashbacks, reputational harm, anxiety attacks, inability to sleep, anger, strains in your family relations, and emotional damage associated with it. Along with this securing qualified legal representation is critical to proving a health care perfectionist, negligent.
If you can successfully prove emotional distress and the particular reason, you will obtain a recovery for medical bills, lost income, and your pain and suffering.
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