How a Malpractice Attorney Can Help You File a Medical Malpractice Claim
Medical
malpractice law firm cases can be difficult. They require experienced lawyers and law firms who are prepared to pursue a case all the way to trial.
In the event of a medical malpractice lawsuit damages could include the reimbursement of future and past medical expenses. If your injury keeps you from working in the same capacity, compensation may be available for future earnings.
Medical Malpractice
The medical malpractice lawyers at Abend & Silber, PLLC have helped many clients recover damages resulting from the negligence of healthcare providers. In order to successfully bring a medical
malpractice lawsuit it must be proved that the healthcare provider did not perform up to the standard of care required to treat patients according to accepted guidelines. There must also be proof that this failure caused injury or death.
Malpractice claims are usually based on claims of an incorrect diagnosis or treatment, surgical errors that result from operating on the wrong region of the body, or leaving instruments in the patient, failures to monitor patients following surgery, or improper use equipment. These kinds of errors can cause various injuries, ranging from permanent damage to severe and disfiguring scarring.
To be a good physician, you must be committed to being the best possible doctor and willing to study new procedures and techniques. It is also important to be realistic about the risk of malpractice, and realize that you may be sued for negligence. Doctors should be sure to double-check all of their work and ensure they fully understand policies and regulations.
Many states have adopted tort reform policies that reduce the costs of litigation by replacing the jury and trial system with alternative dispute resolution procedures, such as arbitration that is voluntary and binding. These measures are intended to speed up the process, and also eliminate excessively generous juries. They also eliminate non-meritorious cases.
Failure to Diagnose
Failure to recognize medical malpractice occurs if a patient is injured due to an unprofessional doctor diagnosing an illness. If a medical professional fails to detect a medical condition or illness the patient could suffer from worsening of symptoms, severe pain distress and even death. If a doctor failed to sufficiently investigate your medical condition and you suffer from an illness that is serious and should have been treated, your lawyer may be able to assist you build a case against the medical professional.
The most common examples of this kind of medical malpractice are undiagnosed heart attack, cancer or stroke, and blood clots like DVT. These are often caused when doctors do not follow the proper differential diagnosis procedure. This is a procedure by which doctors develop a list of possible diagnoses and then eliminate them by asking questions, watching more closely or requesting tests.
Medical professionals have a duty of care to their patients and must perform this duty in a reasonable manner. To show that a healthcare professional did not adhere to this standard Your lawyer will have to examine your medical records and consult experts in medicine to compare your situation to how other doctors would have treated your case. In most cases, this will require expert testimony and evidence such as imaging or lab tests to show that the healthcare professional failed to recognize the condition you suffer from.
Failure to Treat
Modern medicine can be awe-inspiring but when doctors fail to treat a patient properly, the results could be disastrous. Our NYC medical malpractice lawyers handle cases involving inability to diagnose illnesses and injuries of all kinds. Medical professionals must keep detailed notes of their interactions with patients as well as any tests they have conducted. It is also helpful to be able to communicate clearly with patients and be clear when the description of symptoms.
The role of a doctor is identify signs of serious diseases or illnesses and prescribe the most appropriate treatment. This involves knowing when to refer a patient for further evaluation to specialists.
Failing to take action or letting a problem worsen is another way of failing to treat. This type of malpractice can lead to a more serious situation, a life-threatening accident or even death.
In order to win a case involving failure-to-treat, the first step is to establish that the health care provider violated their duty towards patients. The next step is to show that the delay in receiving medical treatment has caused additional harm (called "damages" in legalese). This typically involves testimony of medical experts. Contrary to many states, New York does not cap the amount of damages that can be awarded to victims of negligence or medical malpractice.
Failure to Refer
If a doctor is aware that a patient is suffering from medical issues that require intervention beyond their expertise, it is usually considered to be a part of their obligation to refer them to a physician who can provide care. A breach of the standard could be triggered if a physician does not refer a patient to a physician who can provide care. A malpractice case can be filed in the event of this.
Many doctors who don't refer patients do so out of fear that they might lose their business or because insurance companies are pressuring them to pay for special treatments for their patients. This type of medical error can cause serious issues for the patient and may result in delayed diagnosis or even death.
It is vital 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 obtain compensation and hold the doctor accountable for his or her actions.
A malpractice lawsuit can serve a purpose in helping to prevent other doctors from making the same mistake. When the negligence of a physician is exposed the hospital may be compelled to alter their procedures and ensure all patients are appropriately referred for medical attention. This could help save lives and reduce the amount of malpractice lawsuits in the future.