How a Malpractice Attorney Can Help You File a Medical Malpractice Claim
Medical
malpractice attorneys cases can be very difficult. They require skilled lawyers and law firms ready to handle a case all the way through trial.
In the event of a medical
malpractice lawsuit damages may include the reimbursement of future and past medical expenses. Compensation may also be available for loss of future earnings if your injury hinders you from working in the same capacity.
Medical Malpractice
The medical
malpractice lawyers at Abend & Silber, PLLC have assisted many clients to recover damages resulting from the negligence of healthcare professionals. To be able to bring a medical malpractice lawsuit it must be established that the healthcare provider failed to perform his or her duty to treat patients according to accepted protocols. Also, there must be evidence that the negligence caused injuries or even death.
Malpractice claims often stem on claims of an incorrect diagnosis or treatment, surgical errors such as operating on the wrong part of the body or leaving instruments in the patient's body, failures to observe patients following surgery, or in the wrong way to use machines. These kinds of errors can cause a variety of injuries that range from permanent damage to severe and disfiguring scarring.
Good medicine requires a commitment to being the best doctor possible and the desire to keep up with new techniques and procedures. It is also crucial to be realistic about the risk of malpractice and understand that you could be sued for a mistake. In addition, doctors should make sure they check their work and be sure they fully understand guidelines and rules.
Many states have adopted tort reform measures that reduce the cost of litigation by replacing trial and jury systems with alternative dispute resolution methods including voluntary binding arbitration. These are designed to accelerate the process, eliminate overly generous juries and screen out nonmeritorious claims.
Failure to recognize
Inability to identify medical malpractice can occur when an injured patient suffers due to a doctor being negligent in diagnosing a condition. In a lot of cases, when a medical professional fails to diagnose an illness or medical condition, patients may be suffering from worsening symptoms, extreme distress and pain, and even death. If a physician did not sufficiently investigate your medical condition and you suffer from a serious illness that could be treated, your lawyer might be able to help create a case against the medical professional.
The most common examples of this kind of medical error include undiagnosed heart attack, cancer or stroke, and blood clots, like DVT. These are typically caused when doctors do not follow the correct differential diagnosis protocol. This is a method in which doctors make an inventory of possible diagnoses and then rule them out by asking questions, making additional observations, or ordering tests.
Medical professionals have a responsibility of care for patients and must discharge this obligation in a reasonable manner. To demonstrate that a health care professional did not live up to this standard your lawyer needs to examine your medical records and talk to experts in medicine who can assess your case to how other doctors would have handled your situation. This typically involves expert testimony and evidence such as studies in the lab or by imaging which show that the healthcare professional did not know about your condition.
Failure to treat
Modern medicine can do wonders but when doctors fail to treat patients appropriately the result could be devastating. Our NYC medical malpractice lawyers deal with cases that involve inability to diagnose illnesses and injuries of all kinds. It is crucial for medical professionals to keep detailed records of their encounters with patients and the results of any tests they may have performed. It is crucial to communicate clearly with patients and be explicit when explaining symptoms.
The doctor's role is to recognize symptoms of serious illnesses or diseases and prescribe the correct treatment. This includes being able to determine the appropriate time to refer a patient to an expert for further evaluation.
Failing to take action or letting a problem worsen is another type of failure to treat. This kind of medical negligence can lead to a worsened condition, life-threatening injuries or even death.
The first step in a successful case involving failure in treating is to prove that the health care provider breached their obligation to patients. The next step is to establish that the delay in receiving medical treatment has resulted in additional harm (called "damages" in legalese). This is usually done through testimony of medical experts. New York, unlike many other states, does not restrict the amount of damages that victims of medical negligence or malpractice are entitled to.
Inability to refer
The referral of a patient to a doctor who is able to provide medical care is part of the duty of a physician when they discover that the patient is suffering from medical issues that are beyond their expertise. A breach of the standard can be triggered if a physician does not refer the patient to a doctor who can offer care. A malpractice lawsuit can be filed in the event of this.
Physicians who fail to refer patients to specialists often do due to fear about losing their job or due to pressure from insurance companies that do not want to cover the cost of specialty treatment for the patient. This kind of medical error could cause serious issues for patients, such as delayed diagnoses or even death.
It is important that patients realize that doctors make mistakes and are human. Even if a lapse is not considered to be medical malpractice, it may still cause serious injuries to the patient. A malpractice lawsuit can help the patient recover damages and hold the doctor responsible for the actions of his or her staff.
A malpractice claim may also serve a purpose by helping to prevent other doctors from making the same mistake. When the negligence of a physician is exposed, it might encourage hospitals to modify their policies and ensure that all patients are taken to specialists. This can make a difference and reduce the amount of malpractice lawsuits in the future.