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

Medical malpractice cases can be a challenge. They require skilled lawyers and law firms who are prepared to handle cases all the way to trial.

In the event of a medical malpractice lawsuit the damages could be a the reimbursement of future and past medical expenses. Compensation may also be available for loss of future earnings if your injury is preventing 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 professionals. To prove medical malpractice, it is necessary to prove that the healthcare provider did not treat patients in accordance with accepted guidelines. This failure must also have caused injuries or even death.

Malpractice claims typically involve allegations of erroneous diagnosis or treatment, surgical errors which include operating on a wrong body part or removing instruments from the patient, failure to monitor a patient following surgery, or in the wrong way to use machinery. These types of errors can cause many injuries, ranging from permanent damage to serious and painful scarring.

Practicing good medicine involves a commitment to being the best physician you can be and an eagerness to learn new techniques and procedures. It is also essential to be realistic about the risk of malpractice and recognize that you could be sued for a lapse. Doctors should also double-check their work and make sure they are aware of policies and regulations.

A number of states have implemented tort reform policies that reduce the cost of litigation by replacing jury and trial systems with alternative dispute resolution procedures including arbitration that is voluntary and binding. These are designed to accelerate the process, eliminate generous juries, and also to filter out unimportant claims.

Inability to diagnose

A failure to diagnose medical malpractice occurs when a patient suffers harm as the result of medical negligence in diagnosing an illness. If a medical professional fails to diagnose an illness or condition the patient may experience worsening of symptoms, severe pain, suffering, or even death. Your lawyer may be able help you build a claim against a medical professional if doctors failed to examine your medical condition and you are suffering from a serious illness that could be treated.

Undiagnosed cancers, heart attacks, strokes, and blood clots such as DVT are all instances of medical negligence. They are usually caused by doctors fail to follow the proper differential diagnosis protocol. This is a procedure in which doctors create an inventory of possible diagnoses and then rule them out by asking questions, making further observations, or requesting tests.

Medical professionals owe an obligation of care to patients and must exercise the duty in a fair manner. To demonstrate that a health care professional failed to live up to the standard of care the 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 dealt with your situation. This usually requires expert testimony, as well as evidence such as an imaging or lab study that show the healthcare specialist was not aware of your condition.

Failure to Treat

Modern medicine can be a boon however, when doctors do not properly treat patients, the results can be devastating. Our NYC medical malpractice lawyers deal with cases that involve inability to diagnose illnesses and injuries of all kinds. It is crucial for medical professionals to keep detailed records of their interactions with patients and the results of any tests they conduct. It is also important to have a clear way of communicating with patients as well as being specific in explaining symptoms.

The role of a doctor is to be able to identify the symptoms of a serious illness or disease and prescribe the most appropriate treatment. This includes being able determine the appropriate time to refer the patient to a specialist for further examination.

Refusing to act or letting a condition worsen is a different type of failure to treat. This kind of medical negligence can lead to a worsened condition, life-threatening injuries or even death.

To win a case involving failure-to-treat, the first step is to show the provider of health care breached their obligation to patients. The next step is proving that the delay in receiving medical care has resulted in additional harm (called "damages" in legal terms). This element usually involves the testimony from medical experts. New York, unlike many other states, does no limit the amount of damages victims of medical malpractice or negligence may receive.

Inability to refer

Referring a patient to a doctor who is able to 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 could occur if a doctor fails to refer the patient to a medical professional who is able to provide treatment. If this happens, a malpractice case may be filed.

Physicians who don't refer patients often do due to fear about losing their business, or due to pressure from insurance companies who don't want to pay for special treatment for the patient. This type of medical error can lead to serious problems for patients which could result in delayed diagnosis, or even death.

It is essential for patients to know that doctors are human and will make mistakes. Even if the mistake is not considered medical malpractice, it could still lead to serious injuries for the patient. A malpractice lawsuit could aid the patient in recovering damages and hold the doctor responsible for his or her actions.

A malpractice lawsuit can also be beneficial by helping prevent other doctors from making the same mistake. If the wrongful conduct of a physician is exposed and criticized, it could inspire hospitals to change their practices and ensure that all patients are properly referred for specialist care. This can make a difference and reduce the amount of malpractice lawsuits in the future.