How a Malpractice Attorney Can Help You File a Medical Malpractice Claim
Medical malpractice cases can be difficult. Medical malpractice cases can be difficult.
The consequences of a medical mishap case may include reimbursement for future and past 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 professionals. To be able to bring a medical malpractice lawsuit it must be proved that the healthcare provider failed to fulfill his or her duty to treat patients in accordance with accepted protocols. It is also necessary to prove that the negligence caused injuries or even death.
Malpractice claims often are based on a false diagnosis or treatment, surgical errors such as operating on the wrong body part or leaving instruments inside the patient, failing to monitor a patient following surgery or the improper use of machines. These kinds of mistakes can cause numerous injuries, from permanent damage to serious and painful scarring.
To practice good medicine, you must be committed to being the most effective physician and willing to learn new methods and procedures. It also means being realistic regarding the dangers of negligence and the possibility that you may be accused of malpractice if a mistake is made. Doctors must also double-check their work and ensure they know the policies and regulations.
Many states have enacted tort reform measures to reduce the costs of litigation by replacing trial and jury systems with alternative dispute resolution methods such as arbitration that is voluntary and binding. These measures are intended to accelerate the process and eliminate excessively generous juries. They also screen out non-meritorious cases.
Inability to diagnose
Failure to recognize medical malpractice happens when a patient suffers harm as a result of an error by a doctor in diagnosing a disease. In a lot of cases, when medical professionals fail to diagnose a disease or condition, the patient can be suffering from worsening symptoms, extreme distress and pain, and even death. Your lawyer may be able help you file a claim against a medical professional if doctors failed to examine your medical condition and you are suffering from a serious illness which could have been treated.
Some common examples of this kind of medical malpractice include undiagnosed cancer, heart attack or stroke, and blood clots such as DVT. These are usually the result of doctors who do not follow the correct differential diagnosis procedure. This is a process in which doctors compile an inventory of possible diagnoses and then rule them out by asking questions, conducting additional observations, or ordering tests.
Medical professionals have a responsibility of providing care to patients and they must fulfill this obligation in a reasonable way. Your lawyer will need medical records to show that the health care professional did not comply with this standard. They will also need to consult with medical experts to compare your situation with how other doctors would handle your condition. Typically, this means using expert testimony as well as evidence such studies of imaging or lab tests to show that the healthcare professional was not able to recognize the condition that you have.
Failure to Treat
Modern medicine can be a boon, but if doctors fail to treat patients appropriately and properly, the result can be devastating. Our NYC medical malpractice lawyers handle cases involving the failure to recognize diseases and injuries of all kinds. Medical professionals must keep meticulous documents of their interactions with patients as well as any tests they have performed. It is also important to be in a clear and direct communication with patients as well as being explicit when the description of symptoms.
The role of a doctor is to recognize symptoms of serious illnesses or diseases and prescribe the correct treatment. This involves knowing when to refer an individual patient for further evaluation to specialists.
Failure to treat can be defined as a failure to take action or allowing a problem to worsen. This type of mistake can cause a deterioration of the situation or a life-threatening accident, or even death.
The first step in a successful case involving failure in treating is to prove that the health provider violated their obligation to patients. The next step is to prove that the delay in medical treatment resulted in additional harm or loss (called “damages” in legal jargon). This is usually done through the testimony of medical expert witnesses. New York, unlike many other states, does NOT limit the amount of damages that victims of malpractice or medical negligence can receive.
Failure to refer
A patient should be referred to a doctor who can provide care is an obligation of a physician in the event that they suspect that the patient has medical problems that are beyond their expertise. A breach of the standard can occur if a doctor is unable to refer the patient to a medical professional who can offer care. In the event of this an action for malpractice could be filed.
Many doctors who fail to refer patients do so out of fear that they might lose their business, or because insurance companies are pressured them to not pay for special treatments for their patients. 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 crucial for patients to understand that doctors are human and will make mistakes. Even if the mistake is not deemed medical malpractice, it could cause serious injuries for the patient. A malpractice lawsuit can help the patient recover damages and make the doctor accountable for his or her actions.
A malpractice claim can be used to helping to stop other doctors from making the same mistake. When the negligence of a doctor is discovered and criticized, it could inspire hospitals to make changes in their policies and ensure all patients are referred properly to specialist care. This could save lives and limit future malpractice claims.
