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 ready to handle cases all the way to trial.
In a medical malpractice claim damages could include reimbursement of past and future medical expenses. If your injury keeps you from working in the same way you were previously working, compensation could be offered for future earnings.
Medical Malpractice
The medical malpractice attorneys at Abend & Silber PLLC have assisted many clients in recovering the damages caused by negligence by healthcare professionals. To be able to bring a medical malpractice lawsuit, it must be proven that the healthcare provider failed to meet their obligation to treat patients according to accepted protocols. This negligence must also have resulted in injury or even death.
Malpractice claims typically stem on claims of a misdiagnosis or treatment, surgical errors, such as operating on the wrong region of the body, or leaving instruments in the patient’s body, failures to monitor patients following surgery, or in the wrong way to use equipment. These types of errors could cause numerous injuries, ranging from permanent damage to serious and disfiguring scarring.
To be a good physician it is essential to commit to being the best doctor and willing to study new techniques and procedures. It is also important to be aware of the possibility of malpractice and realize that you may be sued for a lapse. In addition, doctors should make sure they check their work to ensure they fully understand guidelines and rules.
Many states have adopted tort reform laws that cut down the costs of litigation by replacing the jury and trial system with alternative dispute resolution procedures including voluntary binding arbitration. These are designed to accelerate the process, remove overly generous juries, and filter out unimportant claims.
Inability to identify
Failure to identify medical malpractice is a problem when a patient is injured because of an unprofessional doctor diagnosing a condition. In many instances, when a medical professional fails to recognize an illness or medical condition, patients may be suffering from worsening symptoms, extreme distress and pain, and even death. Your lawyer might be able to assist you in establishing a claim against a medical professional in the event that an expert doctor has failed to determine your medical issue and you suffer from a serious disease that could be treated.
Undiagnosed cancers, heart attacks or strokes, as well as blood clots such as DVT are all instances of medical malpractice. They are usually caused by doctors do not follow the correct differential diagnosis protocol. This is a process by which doctors make a list of possible diagnoses and eliminate them by asking questions, looking more closely or requesting tests.
Medical professionals are bound by obligations of care to patients and must exercise this duty in a reasonable manner. To demonstrate that a health care professional did not adhere to this standard your lawyer needs to look over your medical records and consult with experts in medicine to compare your situation with how other doctors would have treated your situation. This usually involves expert testimony as well as evidence such as studies in the lab or by imaging that show that the health professional did not know about your condition.
Failure to comply with Treat
Modern medicine can do wonders however, if doctors fail to properly treat patients and properly, the result can be devastating. Our NYC medical malpractice lawyers deal with cases involving failure to diagnose all types of diseases and injuries. Medical professionals should keep detailed documents of their interactions with patients as well as any tests they’ve performed. It is crucial to be able to communicate clearly and be explicit when discussing symptoms.
A doctor’s job is to be able to recognize symptoms of a serious illness or disease and prescribe the most appropriate course of treatment. This involves knowing when to refer patients for further evaluation to an expert.
Failure to treat can be defined as the failure to act or allowing a situation to get worse. This kind of negligence could result in a worsened situation as well as a life-threatening injury or even death.
To prevail in the case of failure-to-treat the first step is to establish the health care provider violated their duty towards patients. The next step is to show that the delay in receiving medical care has caused additional harm (called “damages” in legalese). This element usually involves the testimony from medical experts. New York, unlike many other states, does not restrict the amount of damages victims of medical negligence or malpractice may receive.
Failure to Refer
Referring a patient’s case to a physician who can provide medical care is an obligation of a physician should they find that the patient has medical conditions that are beyond their expertise. In the absence of this, it could be a violation of the standard of care. A malpractice lawsuit can be filed if this occurs.
Physicians who do not refer a patient often do due to fear about losing their business, or due to pressure from insurance companies who aren’t willing to pay for special treatment for the patient. This type of medical mistake can cause serious problems for patients, including delayed diagnosis, or even death.
It is important for patients to be aware that doctors are human beings and do make mistakes. Even if a mistake not considered to be medical malpractice, it can still cause serious injuries to the patient. A malpractice lawyer lawsuit could aid the patient in obtaining compensation, and hold the doctor accountable for their actions.
A malpractice claim may also serve another purpose, which is to stop other doctors from making the same mistake. If the wrongful conduct of a doctor is exposed and exposed, it could prompt hospitals to make changes in their procedures and ensure all patients are properly referred for specialist care. This could save lives and reduce the amount of malpractice lawsuits in the future.