How a Malpractice Attorney Can Help You File a Medical Malpractice Claim
Medical malpractice cases are difficult. They require skilled lawyers and law
firms ready to pursue a case all the way through trial.
Damages resulting from a medical negligence case could include reimbursement for past and expected future medical expenses. Also, compensation may be available for the 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 prove medical malpractice, it is required to demonstrate that the healthcare professional did not treat patients in accordance with accepted guidelines. There must also be evidence that the negligence caused injury or death.
Malpractice claims often are based on a false diagnosis or treatment, surgical errors which include operating on a wrong body part or leaving instruments inside the patient, failing to monitor a patient after surgery or improper use of machines. These mistakes can lead to numerous injuries, ranging from permanent injury to visible scars.
To practice good medicine you must commit to being the best physician and willing to learn new techniques and procedures. It is also essential to be aware of the possibility of malpractice and be aware that you could be sued for a mistake. Doctors should also double-check their work and ensure they are aware of policies and rules.
A number of states have implemented tort reform policies that reduce the costs of litigation by replacing the jury and trial system with alternative dispute resolution procedures including arbitration that is voluntary and binding. These measures are intended to speed up the process and eliminate excessively generous juries. They also screen out instances that are not meritorious.
Failure to recognize
Failure to identify medical malpractice occurs if a patient is injured due to the negligence of a doctor in diagnosing an illness. If a medical professional fails to identify a condition or illness, the patient may experience worsening of symptoms, extreme pain, anxiety, and even death. Your lawyer might be able to assist you in filing a lawsuit against a medical professional in the event that doctors failed to examine the medical issue you have and if you suffer from a serious illness that could have been treated.
Some typical examples of this type of medical malpractice include undiagnosed heart attack, cancer or stroke, and blood clots, such as DVT. These are often caused when doctors fail to follow the correct differential diagnosis procedure. This is a procedure by which doctors make a list of possible diagnoses and eliminate them by asking questions, conducting further observations, or ordering tests.
Medical professionals are required to fulfill their duty of providing care to patients and they must exercise this duty in a reasonable manner. To show that a healthcare professional did not adhere to the standard of care the lawyer needs to look over your medical records and consult experts in medicine who can assess your situation with other doctors would have treated your situation. This usually requires expert testimony, as well as evidence such as a lab or imaging studies that prove the healthcare specialist was not aware of your condition.
Failure to Treat
Modern medicine can do wonders, but if doctors fail to treat patients correctly and properly, the result can be devastating. Our NYC medical malpractice attorneys deal with cases involving inability to identify all types of injuries and diseases. Medical professionals should keep detailed notes of their interactions with patients as well as any tests they have performed. It is also beneficial to have clear communication with patients as well as being explicit in the description of symptoms.
The role of a doctor is to be able to recognize the symptoms of an illness or condition that is serious and recommend the appropriate treatment plan. This includes determining when it is appropriate to refer a patient to specialists for further evaluation.
Inaction or allowing a condition to worsen is another type of failure to treat. This kind of medical error can result in a worsening condition, life-threatening injuries or even death.
To prevail in any case involving failure-to treat the first step is to establish the provider of health care breached their duty to patients. The next step is to establish that the delay in receiving medical attention is causing additional harm (called "damages", in legal terms). This is usually done through the testimony of expert medical witnesses. Contrary to many states, New York does not cap the amount of damages that can be awarded to victims of medical malpractice or negligence.
Failure to Refer
If a doctor is aware that a patient has medical issues that require treatment beyond their expertise, it is usually considered to be part of their responsibility to refer them to a physician who can offer treatment. A breach of the standard could be triggered if a physician is unable to refer the patient to a doctor who can offer care. A malpractice case may be filed if this happens.
Many physicians who fail to refer patients do so out of fear that they will lose their business or because insurance companies are pressured them to not cover specialty treatments for the patient. This kind of medical error could lead to serious issues for the patient and may result in delayed diagnosis or even death.
It is crucial for patients to understand that doctors are human beings and do make mistakes. Even if a mistake is not considered to be medical malpractice, it may result in serious injuries to the patient. A
malpractice lawsuit can help the patient recover damages and make the doctor accountable for the actions of his or her staff.
A malpractice case can serve a purpose in helping to stop other doctors from making the same mistake. If the malpractice of a physician is exposed, it may cause hospitals to alter their policies and ensure that all patients are sent to specialists. This could save lives and help reduce malpractice claims in the future.