How a Malpractice Attorney Can Help You File a Medical Malpractice Claim

Medical malpractice cases can be a challenge. Medical malpractice cases are a challenge.

The consequences of a medical mishap lawsuit could be repaid for future and past medical expenses. Compensation may also be available for the loss of future earnings if the injury hinders you from working in the same capacity.

Medical Malpractice

The medical malpractice lawyers at Abend & Silber, PLLC have helped many clients recover damages due to the negligence of healthcare professionals. To be able to make a claim for medical malpractice, it must be proven that the healthcare provider did not perform the standard of care required to treat patients according to accepted protocols. It is also necessary to prove that the negligence caused injury or death.

Malpractice claims typically stem on allegations of misdiagnosis or treatment, surgical errors that result from operating on the wrong part of the body, or malpractice lawyers leaving instruments inside the patient, failures to monitor patients after surgery, or the improper use of equipment. These types of errors could cause many injuries that range from permanent damage to serious and ugly scarring.

Good medicine requires a commitment to be the best doctor possible and the desire to keep up with new methods and techniques. It is also essential to be aware of the risk of malpractice, and realize that you may be sued for a mistake. Doctors should make sure they check their work and be sure they fully understand guidelines and regulations.

Many states have enacted tort reform measures that reduce the cost of litigation by replacing jury and trial systems with alternative dispute resolution methods including voluntary binding arbitration. These are designed to speed up the process, reduce overly generous juries and screen out unimportant claims.

Failure to Diagnose

Inability to identify medical malpractice can happen when the patient is injured as a result of medical professionals' negligence in diagnosing an illness. In many instances, when a medical professional fails to diagnose an illness or medical condition, patients may suffer from worsening symptoms, severe distress and pain, and even death. A lawyer could help you file a claim against a medical professional if an expert doctor has failed to determine your medical condition and you are suffering from a serious illness that could be treated.

A few common instances of this type of medical malpractice include an undiagnosed cancer, heart attack or stroke, as well as blood clots such as DVT. These are often caused when doctors fail to follow the proper differential diagnosis protocol. This is a procedure in which doctors create a list of possible diagnoses and then eliminate them by asking questions, studying more closely, or ordering tests.

Medical professionals have a duty of providing care to patients and they must exercise this duty in a reasonable manner. To demonstrate that a health care professional did not adhere to the standard of care your lawyer needs to review your medical records, and consult experts in the field of medicine who can evaluate your situation with other doctors would have handled your situation. Typically, this involves using expert testimony as well as evidence such imaging or lab studies to show that the healthcare professional failed to recognize the condition that you have.

Failure to Treat

Modern medicine can accomplish wonders, but when doctors fail to treat patients properly, the outcome can be catastrophic. Our NYC medical malpractice lawyers deal with cases that involve inability to diagnose illnesses and injuries of all kinds. Medical professionals should keep meticulous documents of their interactions with patients and any tests they've conducted. It is essential to communicate clearly with patients and be specific when describing symptoms.

The role of the doctor is to detect signs of serious illness or disease and prescribe the correct treatment. This involves being able to decide when it is appropriate to refer patients to a specialist for further evaluation.

Inaction or allowing a condition to worsen is a different type of failure to treat. This type of medical malpractice could result in a deterioration of the condition, life-threatening injuries or even death.

The first step in a successful case involving the failure in treating is to prove that the health provider violated their duty to patients. The next step is to establish that the delay in medical treatment caused additional harm or losses (called "damages" in legalese). This is usually done through the testimony of expert medical witnesses. New York, unlike many other states, does not limit the amount of damages that victims of malpractice or medical negligence are entitled to.

Inability to refer

If a doctor is aware that a patient has medical problems that require treatment beyond their knowledge, it is usually considered to be a part of their obligation to send them to a specialist who can provide care. A breach of the standard could occur if a doctor does not refer a patient to a physician who is able to provide treatment. If this happens, a malpractice case may be filed.

Physicians who do not refer a patient usually do due to fear about losing their job or because of pressure from insurance companies who do not want to pay for specialty treatment for the patient. This kind of medical error can result in serious health issues for patients, including delayed diagnoses or even death.

It is crucial for patients to be aware that doctors are human and make mistakes. Even if a lapse is not considered to be medical malpractice, it could still cause serious injuries to the patient. A malpractice lawsuit can help the patient recover damages and hold the doctor responsible for his or her actions.

A malpractice claim may be used to aiding other doctors from making the same mistake. When the negligence of a physician is exposed, it can encourage hospitals to modify their policies and ensure that all patients are sent to specialists. This could help save lives and reduce the number of malpractice cases in the future.