How a Malpractice Attorney Can Help You File a Medical Malpractice Claim
Medical malpractice cases are challenging. Medical malpractice cases are difficult.
Damages resulting from a medical negligence case can include reimbursement for future and past medical expenses. In addition, compensation could be offered for loss of future earnings if your 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 resulting from the negligence of healthcare providers. To prove medical malpractice, it is required to establish that the healthcare provider did not treat patients in accordance with accepted protocols. This failure must also have caused the death or injury of a patient.
Malpractice claims often stem on allegations of misdiagnosis or treatment, surgical errors like performing surgery on the wrong area of the body or leaving instruments in the patient, failures to monitor patients following surgery, or improper use machines. These types of errors can cause a variety of injuries, from permanent damage to severe and painful scarring.
Being a good physician requires a commitment to being the best physician possible and a willingness to learn new techniques and procedures. It also means being realistic about the potential risks of malpractice and understanding that you could be sued if a mistake is made. Doctors should also double-check their work and make sure they are aware of the rules and regulations.
Many states have adopted tort reform policies that reduce the costs of litigation by replacing trial and jury systems by alternative dispute resolution mechanisms like arbitration that is voluntary and binding. These measures are intended to accelerate the process, and also eliminate excessively generous juries. They also filter out nonmeritorious cases.
Inability to diagnose
Failure to diagnose medical malpractice can occur when the patient suffers harm because of an error by a doctor in identifying an illness. If a medical professional fails identify a condition or illness, the patient may experience worsening of symptoms, severe pain, suffering, or even death. Your lawyer may be able to assist you in filing a lawsuit against a medical professional in the event that an expert doctor has failed to determine your medical issue and you are suffering from a serious illness which could be treated.
Undiagnosed cancers, heart attacks or strokes, and blood clots such DVT are all instances of medical malpractice. These are typically caused when doctors do not follow the proper differential diagnosis protocol. This is a procedure in which doctors make a list of possible diagnoses and eliminate them by asking questions, conducting additional observations, or ordering tests.
Medical professionals owe obligations of care to patients and must exercise their duties in a reasonable manner. Your lawyer will require medical documents to prove that the health care professional did not meet the requirements of this standard. They will also need to consult with experts in medicine to evaluate your situation against what other doctors would do to treat your situation. This typically involves expert testimony as well as evidence like tests or imaging studies which show that the healthcare professional did not recognize your condition.
Failure to comply with the Treaty
Modern medicine can be a boon but when doctors fail to treat patients correctly, the results can be devastating. Our NYC medical malpractice lawyers handle cases involving failing to recognize illnesses and injuries of all kinds. Medical professionals must keep detailed records of their interactions with patients as well as any tests they have conducted. It is also beneficial to be able to communicate clearly with patients as well as being explicit in describing symptoms.
The job of a doctor is to be able recognize the symptoms of a serious illness and prescribe the most appropriate treatment plan. This includes being able determine when it is appropriate to refer patients to an expert for further evaluation.
Refusing to act or allowing a condition to get worse is another type of failure to treat. This type of medical malpractice could result in a deterioration of the condition, life-threatening injuries or even death.
In order to win a case involving failure-to-treat the first step is to prove the provider of health care did not fulfill their obligations to patients. The next step is to show that the delay in receiving medical attention is causing additional harm (called “damages”, in legal terms). This usually involves the testimony of expert medical witnesses. Unlike many 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’s case to a physician that can provide medical care is part of a doctor’s duty should they find that the patient is suffering from medical issues that are not their expertise. Failing to do so can be a violation of the standard of care. If this happens an action for malpractice could be filed.
Many doctors who do not refer patients do so out of fear that they might lose their business, or because insurance companies are pressured them to not pay for specialty treatments for the patient. This type of medical mistake could cause serious issues for patients, including delayed diagnosis, or even death.
It is important for patients to know that doctors are human beings and do make mistakes. Even if the error is not considered medical malpractice lawsuits, it can result in serious injuries to the patient. A malpractice lawsuit could help the patient obtain compensation and hold the doctor accountable for his or her actions.
A malpractice claim can also serve a purpose by helping prevent other doctors from making the same mistake. When the negligence of a physician is exposed, it can inspire hospitals to alter their practices and ensure that every patient is properly referred to specialist care. This could save lives and also reduce the risk of future malpractice claims.