How a Malpractice Attorney Can Help You File a Medical Malpractice Claim
Medical malpractice cases can be very difficult. They require experienced lawyers and law firms that are willing to handle a case all the way to trial.
In the event of a medical malpractice lawsuit, damages can include the reimbursement of past and foreseeable medical expenses. If your injury stops you from working in the same capacity there may be compensation available for future earnings.
Medical Malpractice
The medical
malpractice lawyers at Abend & Silber, PLLC have helped numerous clients recover damages resulting from the negligence of healthcare professionals. To prove medical malpractice, it is necessary to show that the healthcare provider did not treat patients according to accepted protocols. It is also necessary to prove that the negligence caused injuries or even death.
malpractice law firm claims often are based on the incorrect diagnosis or treatment, surgical errors which include operating on a wrong body part or leaving instruments inside the patient, a failure to monitor a patient following surgery, or improper use of machinery. These mistakes can cause numerous injuries, ranging from permanent injury to visible scars.
The practice of good medicine requires an effort to be the best physician you can be and an eagerness to learn new techniques and procedures. It also means being aware about the potential risks of malpractice and knowing that you could be legally liable if a lapse is made. Doctors should double check all of their work to ensure they are familiar with guidelines and rules.
A number of states have implemented tort reform laws that cut down the costs of litigation by replacing trial and jury systems with alternative dispute resolution processes including voluntary binding arbitration. These measures are intended to speed up the process and eliminate excessively generous juries. They also filter out nonmeritorious cases.
Failure to recognize
Failure to diagnose medical malpractice can happen when the patient is injured due to medical professionals' negligence in diagnosing a condition. If a medical professional fails to detect a medical condition or illness the patient could experience a worsening of symptoms, severe pain, distress and even death. Your lawyer may be able assist you in filing a lawsuit against a medical professional in the event that a doctor failed to investigate the medical issue you have and if you suffer from a serious condition that could be treated.
A few common instances of this type of medical malpractice include an undiagnosed cancer, heart attack or stroke, and blood clots, like DVT. These are usually the result of doctors who do not follow the correct differential diagnosis protocol. This is a procedure by which doctors prepare a list of possible diagnoses, and then rule them out by asking questions, making additional observations, or ordering tests.
Medical professionals owe obligations of care to patients and must fulfill their duties in a reasonable manner. To demonstrate that a health care professional did not adhere to the standard of care the lawyer needs to examine your medical records and consult experts in medicine who can compare your situation to how other doctors would have handled your case. Typically, this involves using expert testimony as well as evidence such imaging or lab tests to prove that the healthcare professional was not aware of the condition that you have.
Failure to comply with the Treaty
Modern medicine can do wonders however, if doctors aren't able to treat patients appropriately, the consequences could be disastrous. Our NYC medical malpractice lawyers deal with cases that involve inability to diagnose illnesses and injuries of all kinds. It is vital that medical professionals keep a detailed record of their encounters with patients and the results of any tests they conduct. It is also helpful to be in a clear and direct communication with patients as well as being explicit when describing symptoms.
The role of a doctor is to identify signs of serious illness or disease and prescribe the most appropriate treatment. This includes determining when it is appropriate to refer the patient to an expert for further evaluation.
Inaction or letting a problem worsen is another form 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 case involving the 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 care has caused additional harm (called "damages" in legalese). This element usually involves the testimony from medical experts. In contrast to other states, New York does not cap the amount of damages that can be awarded to victims of medical malpractice or negligence.
Failure to refer
Referring a patient to a doctor who can provide care is an obligation of a physician in the event that they suspect that the patient has medical conditions that are not their expertise. A breach of the standard can be triggered if a physician fails to refer patients to a physician who can provide care. If this happens, a malpractice case may be filed.
Many doctors who fail to refer patients do so out in fear of having to lose their business, or because insurance companies are pressured them to not cover specialty treatments for the patient. This kind of medical error can lead to serious issues for the patient such as delayed diagnosis or even death.
It is crucial that patients realize that doctors make mistakes and are human. Even if a lapse is not considered to be medical malpractice, it may cause serious injuries to the patient. A malpractice lawsuit can assist the patient to recover damages and hold the doctor accountable for the actions of his or her staff.
A malpractice claim may also serve a different purpose, and that is to stop other doctors from making the same mistake. If the negligence of a doctor is revealed and exposed, it could prompt hospitals to change their policies and make sure all patients are appropriately referred for specialist care. This can make a difference and reduce the amount of malpractice lawsuits in the future.