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 ready to handle a case all the way to trial.

Damages resulting from a medical negligence case can include reimbursement for past and foreseeable future medical expenses. In addition, compensation could be offered in the event of a loss of future earnings if the injury prevents you from working in the same capacity.

Medical Malpractice

The medical malpractice lawyers at Abend & Silber, PLLC have helped numerous clients recover damages due to the negligence of healthcare providers. To successfully bring a medical malpractice lawsuit the case must be substantiated that the healthcare provider failed to perform his or her obligation to treat patients according to accepted protocols. There must also be proof that this error caused injury or death.

Malpractice claims are often based on claims of a misdiagnosis or treatment, surgical errors, such as performing surgery on the wrong part of the body or leaving instruments in the patient, failures to monitor patients following surgery, or in the wrong way to use equipment. These types of errors could cause various injuries, from permanent damage to severe and painful scarring.

Practicing good medicine involves an obligation to be the best physician possible and the desire to keep up with new methods and techniques. It is also crucial to be aware of the possibility of malpractice and realize that you may be sued for negligence. Doctors should also double-check their work and make sure they know the policies and rules.

Many states have enacted tort reform laws that cut down the costs of litigation by replacing the jury and trial system with alternative dispute resolution methods, such as voluntary binding arbitration. These measures are intended to accelerate the process and eliminate overly generous juries. They also screen out nonmeritorious cases.

Inability to diagnose

Failure to diagnose medical malpractice can occur when the patient suffers harm as a result of medical negligence in diagnosing a disease. If a medical professional fails recognize a condition or illness the patient may experience worsening of symptoms, severe pain, distress and even death. Your lawyer may be able assist you in establishing a claim against a medical professional in the event that a doctor failed to investigate your medical issue and you are suffering from a serious illness that could be treated.

Some typical examples of this kind of medical malpractice law firm include undiagnosed heart attack, cancer, stroke, and blood clots, such as DVT. These are often caused when doctors do not follow the proper differential diagnosis procedure. This is a process in which doctors prepare a list of possible diagnosis and eliminate them by asking questions, observing more closely or requesting tests.

Medical professionals have a responsibility of caring to patients, and must discharge the duty in a fair way. To prove that a health care professional was not up to this standard, your lawyer will need to examine your medical records and talk to experts in medicine who can assess your situation with other doctors would have dealt with your situation. This typically involves expert testimony, as well as evidence such a lab or imaging studies that show that the health specialist was not aware of your condition.

Failure to comply with Treat

Modern medicine can be a boon, but when doctors do not treat patients correctly the result could be devastating. Our NYC medical malpractice attorneys handle cases involving the failure to diagnose various types of injuries and diseases. Medical professionals must keep detailed documents of their interactions with patients and any tests they have performed. It is crucial to clearly communicate with patients and be explicit when providing symptoms.

The doctor's role is to identify the signs of serious illness or disease and prescribe the appropriate treatment. This involves knowing when to refer the patient for further examination to a specialist.

Failure to treat can be defined as the failure to act or allowing the condition to get worse. This type of medical malpractice can result in a more serious condition, life-threatening injuries or even death.

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

Inability to refer

If a physician discovers that a patient is suffering from medical conditions that require intervention beyond their competence, it is typically considered to be part of their obligation to send them to a physician who will provide treatment. A breach of the standard could occur if a doctor fails to refer patients to a physician who can provide care. A malpractice claim can be filed in the event of this.

Many physicians who fail to refer patients to specialists do so because in fear of having to lose their business, or because insurance companies are pressured them to not pay for specialty treatments for their patients. This kind of medical error can lead to serious health problems for the patient such as delayed diagnosis or even death.

It is essential that patients understand that doctors make mistakes and are human. Even if the mistake is not deemed medical malpractice, it could cause serious injuries to the patient. A malpractice suit could aid the patient in recovering damages and make the doctor accountable for his or her actions.

A malpractice lawsuit can also be beneficial by helping prevent other doctors from making the same mistake. If the malpractice of a doctor is exposed, it could cause hospitals to alter their policies and ensure that all patients are taken to specialists. This could save lives and reduce the amount of malpractice lawsuits in the future.