How a Malpractice Attorney Can Help You File a Medical Malpractice Claim
Medical malpractice cases are a challenge. They require skilled lawyers and law firms who are prepared to take a case all the way through trial.
Damages resulting from a medical negligence lawsuit could be repaid for past and foreseeable future medical expenses. In addition, compensation could be offered for loss of future earnings if your injury prevents you from working in the same capacity.
Medical Malpractice
The medical malpractice lawyers at Abend & Silber, PLLC have assisted numerous clients in recovering damages caused by the negligence of healthcare professionals. To be able to bring a medical malpractice lawsuit it must be proved that the healthcare provider failed to perform his or her obligation to treat patients according to accepted guidelines. Also, there must be evidence that this error caused injury or death.
Malpractice claims typically stem on allegations of misdiagnosis or treatment, surgical mistakes such as operating on the wrong part of the body, or leaving instruments in the patient, failing to monitor patients after surgery, or the improper use of machines. These mistakes can lead to many different injuries, ranging from permanent damage to ugly scars.
Good medicine requires an obligation to be the best physician you can be and a willingness to learn new methods and techniques. It also requires being realistic about the risks of malpractice and knowing that you may be sued if a mistake is made. Doctors must also double-check their work and Malpractice Lawyers ensure they understand policies and rules.
Many states have enacted tort reform measures to reduce the costs of litigation by replacing jury trials with alternative dispute resolution methods including binding arbitration. These measures are designed to accelerate the process, and also eliminate excessively generous juries. They also screen out non-meritorious cases.
Inability to diagnose
Failure to diagnose medical malpractice can occur when patients suffer harm because of the negligence of a doctor in recognizing an illness. When a medical professional fails diagnose an illness or condition the patient could suffer from worsening of symptoms, severe pain, distress and even death. Your lawyer may be able to help you file a claim against a medical professional if doctors failed to examine your medical condition and you suffer from a serious condition that could have been treated.
Undiagnosed cancers, heart attacks, strokes, and blood clots, such as DVT are all examples of medical malpractice. These are usually the result of doctors who don’t follow the correct differential diagnosis protocol. This is a procedure by which doctors make a list of possible diagnoses and then eliminate them by asking questions, studying more closely, or ordering tests.
Medical professionals owe a duty of care to patients and must discharge this duty in a reasonable manner. To show that a healthcare professional failed to live up to this standard, your lawyer will need to examine your medical records and consult with experts in the field of medicine who can evaluate your situation with how other doctors would have treated your situation. This usually involves expert testimony as well as evidence such studies in the lab or by imaging which show that the healthcare professional did not recognize your condition.
Failure to abide by Treat
Modern medicine can do wonders however, if doctors do not treat a patient properly, the results could be disastrous. Our NYC medical malpractice lawyers deal with cases that involve the failure to recognize diseases and injuries of all kinds. It is crucial for medical professionals to keep detailed records of their interactions with patients as well as the results of any tests they may have performed. It is also beneficial to be in a clear and direct communication with patients and to be specific in describing symptoms.
The role of a doctor is to detect signs of serious illness or disease and prescribe the appropriate treatment. This includes being able to determine the appropriate time to refer the patient to an expert for further evaluation.
Failure to act or letting a condition worsen is another type of failure to treat. This kind of medical error can lead to a worsened condition, a life-threatening injury or even death.
In order to win the case of failure-to-treat the first step is to show the health care provider violated their duty towards patients. The next step is to prove that the delay in medical care resulted in additional harm or loss (called “damages” in legal jargon). This is usually done through testimony of medical experts. As opposed to 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
If a physician discovers that a patient has medical issues that require intervention beyond their knowledge, it is usually considered to be part of their responsibility to send them to a physician who can provide treatment. A violation of the standard could occur if a doctor does not refer patients to a physician who is able to provide treatment. A malpractice claim can be filed if the situation occurs.
Physicians who fail to refer patients often do so because they are worried about losing their business because of pressure from insurance companies that aren’t willing to pay for specialty treatment for the patient. This type of medical error can cause serious problems for the patient which could result in delayed diagnosis, or even death.
It is vital that patients realize that doctors make mistakes and are human. Even if the mistake is not deemed medical malpractice, it can cause serious injuries to the patient. A malpractice lawsuit can help the patient obtain compensation and make the doctor accountable for the actions of his or her staff.
A malpractice claim may also serve a different purpose, which is to prevent other doctors making the same mistake. If the negligence of a physician is exposed the hospital may be compelled to make changes in their procedures and ensure all patients are properly referred for specialist care. This could save lives and help reduce malpractice claims in the future.