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 willing to pursue a case all the way to trial.
In a claim for medical malpractice damages may include the reimbursement of past and foreseeable medical expenses. Compensation may also be available for the loss of future earnings if your injury is preventing you from working in the same capacity.
Medical Malpractice
The medical
malpractice lawyers at Abend & Silber, PLLC have assisted numerous clients in recovering damages due to the negligence of healthcare professionals. In order to successfully submit a medical malpractice claim it must be established that the healthcare provider failed to meet the standard of care required to treat patients according to accepted guidelines. Also, there must be evidence that the negligence caused injuries or even death.
Malpractice claims are usually based on claims of a misdiagnosis or treatment, surgical mistakes like performing surgery on the wrong area of the body or leaving instruments in the patient, failures to monitor patients following surgery, or the improper use of machines. These mistakes can cause various injuries, ranging from permanent damage to infected scars that are disfiguring.
The practice of good medicine requires a commitment to being the best physician you can be and an eagerness to learn new methods and techniques. It is also essential to be aware of the risk of malpractice and understand that you could be sued for negligence. Doctors should also double-check their work and ensure they are aware of the rules and regulations.
Many states have adopted tort-reform measures to reduce the costs of litigation by replacing the jury system with alternative dispute resolution techniques, such as binding arbitration. These are designed to accelerate the process, reduce overly generous juries and screen out unimportant claims.
Inability to recognize
Failure to diagnose medical malpractice is a problem when an injured patient suffers because of medical professionals' negligence in diagnosing a condition. If a medical professional fails identify a condition or illness, the patient may experience worsening of symptoms, severe pain, suffering, or even death. A lawyer could help you file a claim against a medical professional if a doctor failed to investigate your medical condition and you suffer from a serious disease that could be treated.
Undiagnosed cancers, heart attacks, strokes, and blood clots such DVT are all instances of medical malpractice. These are often caused when doctors do not follow the proper differential diagnosis protocol. This is a process in which doctors create an inventory of possible diagnoses and then rule them out by asking questions, conducting additional observations, or ordering tests.
Medical professionals owe the duty of care to patients and must fulfill the duty in a fair manner. To prove that a health care professional failed to live up to this standard, your lawyer will need review your medical records, and consult experts in medicine to compare your case to how other doctors would have dealt with your case. In most cases, this will require expert testimony and evidence like imaging or lab studies to show that the healthcare professional did not recognize the condition that you have.
Failure to Treat
Modern medicine can do wonders, but when doctors do not treat patients correctly the results could be disastrous. Our NYC medical malpractice lawyers deal with cases that involve the failure to recognize diseases and injuries of all kinds. It is crucial that medical professionals keep detailed records of their interactions with patients as well as the results of any tests they carry out. It is also important to be able to communicate clearly with patients as well as being specific in describing symptoms.
The role of a doctor is to be able to identify the symptoms of a serious illness or disease and prescribe an appropriate treatment plan. This includes knowing when to refer the patient for further examination to specialists.
Refusing to act or allowing a condition to get worse is another way of failing to treat. This kind of medical malpractice could result in a deterioration of the condition, a life-threatening injury or even death.
The first step in a successful case involving the failure to treat is to prove that the health care provider did not fulfill their duty to patients. The next step is to establish that the delay in medical care resulted in additional harm or loss (called "damages" in legal terms). This is usually done through testimony from medical experts. New York, unlike many other states, does not restrict the amount of damages victims of medical negligence or malpractice are entitled to.
Failure to Refer
If a doctor is aware that a patient is suffering from medical issues that require intervention beyond their competence, it is typically considered to be a part of their responsibility to refer them to a physician who can offer treatment. A violation of the standard may occur if a doctor does not refer a patient to a physician who is able to provide treatment. A malpractice case may be filed if this occurs.
Many doctors who fail to refer patients do so out of fear that they might lose their business, or because insurance companies are urging them to not cover specialty treatments for the patient. This type of medical error could lead to serious health problems for the patient and may result in delayed diagnosis or even death.
It is vital that patients understand that doctors make mistakes and are human. Even if the mistake is not deemed medical malpractice, it could cause serious injuries for the patient. A malpractice lawsuit can help the patient obtain compensation and hold the doctor responsible for his or her actions.
A malpractice lawsuit can be used to helping to prevent other doctors from making the same mistake. If the malpractice of a doctor is exposed, it could encourage hospitals to modify their policies and ensure that all patients are directed to specialists. This could save lives, and also reduce the risk of future malpractice claims.