How a Malpractice Attorney Can Help You File a Medical Malpractice Claim
Medical malpractice cases are challenging. They require experienced lawyers and law firms who are prepared to handle cases all the way to trial.
Damages resulting from a medical negligence case can include reimbursement for past and foreseeable future medical expenses. Compensation could also be provided for loss of future earnings if the injury makes it impossible to work 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 providers. To successfully bring a medical malpractice lawsuit, it must be proven that the healthcare provider failed to perform his or her duty to treat patients in accordance with accepted guidelines. This infraction could have also resulted in injuries or even 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, failing to monitor patients following surgery, or the improper use of machines. These errors can result in numerous injuries, from permanent damage to ugly scars.
Practicing good medicine involves an obligation to be the best physician possible and the desire to keep up with new methods and techniques. It also involves being honest about the risk of negligence and recognizing that you could be legally liable if a lapse is made. Furthermore, doctors should ensure that they have checked all aspects of their work and ensure they are aware of guidelines and regulations.
Many states have adopted tort reform laws that cut down the cost of litigation by replacing trial and jury systems with alternative dispute resolution methods such as arbitration that is voluntary and binding. These measures are designed to speed up the process, and also eliminate excessively generous juries. They also eliminate non-important cases.
Inability to diagnose
Failure to recognize medical malpractice occurs if the patient is injured due to the negligence of a doctor in diagnosing an illness. If a medical professional fails recognize a condition or illness the patient could suffer from worsening of symptoms, severe pain, anxiety, and even death. Your lawyer may be able to help you build a claim against a medical professional in the event that a doctor failed to investigate your medical issue and you suffer from a serious condition that could have been treated.
Some typical examples of this type of medical error include undiagnosed heart attack, cancer or stroke, and blood clots such as DVT. They are usually caused by doctors fail to follow the proper differential diagnosis procedure. This is a method in which doctors compile an inventory of possible diagnoses, and then rule them out by asking questions, conducting additional observations, or conducting tests.
Medical professionals are required to fulfill their duty of care to patients and they must exercise this duty in a reasonable way. To demonstrate that a health care professional did not live up to the standard of care the lawyer needs to examine your medical records and consult with experts in medicine to compare your situation with 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 treat
Modern medicine can do wonders however, when doctors do not properly treat patients and properly, the result can be devastating. Our NYC medical malpractice lawyers handle cases that involve failure to diagnose all types of diseases and injuries. Medical professionals should keep meticulous logs of their interactions patients and any tests they have conducted. It is also helpful to have clear communication with patients and to be explicit when the description of symptoms.
The doctor’s role is to detect signs of serious diseases or illnesses and prescribe the appropriate treatment. This involves knowing when to refer a patient for further evaluation to specialists.
Failure to treat may also be defined as failure to take action or allowing a problem to worsen. This kind of negligence could cause a situation to get worse as well as a life-threatening injury or even death.
To win any case involving failure-to treat the first step is to prove the health care provider did not fulfill their obligations to patients. The next step is proving that the delay in receiving medical care has caused additional harm (called “damages”, in legal terms). This typically involves testimony from medical experts. New York, unlike many other states, does not limit the amount of damages that victims of medical negligence or malpractice law firm may receive.
Inability to refer
A patient should be referred to a physician who can provide medical care is the responsibility of a doctor if they notice that the patient has medical issues that are beyond their expertise. A breach of the standard can be triggered if a physician is unable to refer patients to a physician who is able to provide treatment. When this happens the malpractice case could be filed.
Physicians who don’t refer patients often do so because they are worried about losing their business because of pressure from insurance companies who do not want to cover the cost of specialty treatment for the patient. This type of medical error could cause serious issues for the patient and may result in delayed diagnosis or even death.
It is important for patients to understand that doctors make mistakes and are human. Even if the error is not deemed medical malpractice, it can result in serious injuries to the patient. A malpractice lawsuit can help the patient obtain compensation and hold the doctor responsible for his or her actions.
A malpractice claim may also serve another purpose, which is to stop other doctors from making the same mistake. When the negligence of a doctor is discovered and criticized, it could inspire hospitals to change their practices and ensure that all patients are properly referred to specialist care. This can make a difference and reduce the amount of malpractice lawsuits in the future.