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

Medical malpractice cases can be very difficult. They require skilled lawyers and law firms willing to handle a case all the way to trial.

In the event of a medical malpractice lawsuit, damages can include reimbursement of past and future medical expenses. Also, compensation may be available for loss of future earnings if the injury makes it impossible to work in the same capacity.

Medical Malpractice

The medical malpractice attorneys at Abend & Silber PLLC have helped numerous clients recover damages resulting from negligence of healthcare providers. To successfully bring a medical malpractice lawsuit it must be proved that the healthcare provider failed to perform his or her duty to treat patients in accordance with accepted protocols. This negligence should also have led to injury or even death.

Malpractice claims often are based on the incorrect diagnosis or treatment, surgical mistakes which include operating on a wrong body part or removing instruments from the patient, inability to monitor a patient after surgery or the improper use of equipment. These types of errors could cause numerous injuries, from permanent damage to severe and ugly scarring.

Good medicine requires a commitment to being the best doctor you can be and an eagerness to learn new methods and techniques. It is also essential to be aware of the potential for malpractice and understand that you could be sued for negligence. Doctors must also double-check their work and make sure they are aware of policies and rules.

Many states have enacted tort reform policies that reduce the cost of litigation by replacing jury and trial systems by alternative dispute resolution mechanisms such as arbitration that is voluntary and binding. These are designed to accelerate the process, remove overly generous juries, and filter out nonmeritorious claims.

Inability to recognize

Inability to identify medical malpractice can happen when patients are injured as a result of an unprofessional doctor diagnosing an ailment. If a medical professional fails to diagnose an illness or condition the patient could suffer from worsening of symptoms, severe pain anxiety, and even death. If a doctor failed to adequately investigate your medical problem and you suffer from a serious illness that could have been treated, your lawyer might be able to help you to establish a case against the medical professional.

Some common examples of this type of medical error include undiagnosed heart attack, cancer, stroke, as well as blood clots, such as DVT. They are typically caused by doctors who fail to follow the correct differential diagnosis procedure. This is a process by which doctors prepare a list of possible diagnosis and eliminate them by asking questions, watching more closely, or ordering tests.

Medical professionals are required to fulfill their duty of care for patients and they must exercise this obligation in a reasonable manner. To prove that a medical professional failed to live up to the standard of care the lawyer needs to examine your medical records and talk to experts in medicine who can assess your situation with other doctors would have treated your situation. Typically, this means using expert testimony and evidence, such as imaging or lab studies to prove that the healthcare professional failed to recognize the condition that you have.

Failure to Treat

Modern medicine can do wonders however, when doctors fail to treat patients properly, the results could be devastating. Our NYC medical malpractice lawyers handle cases involving inability to diagnose illnesses and injuries of all kinds. Medical professionals must keep detailed notes of their interactions with patients and any tests they've conducted. It is essential to be able to communicate clearly and be specific when describing symptoms.

A doctor's job is be able recognize the symptoms of an illness or condition that is serious and prescribe a suitable course of treatment. This includes determining when it is appropriate to refer patients to a specialist for further examination.

Refusing to act or allowing a condition to get worse is a different type of failure to treat. This kind of error could lead to a more serious situation and a life-threatening incident or even death.

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 receiving medical treatment has resulted in additional harm (called "damages", in legalese). This element usually involves the testimony from medical experts. In contrast to other states, New York does not cap the amount of damages that can be awarded to victims of medical negligence or malpractice.

Inability to refer

Referring a patient's case to a doctor who can provide treatment is part of a doctor's duty if they notice that the patient has medical conditions that are beyond their expertise. If they fail to do so, it can be a breach of the standard of care. A malpractice law firms case can be filed if this occurs.

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

It is important for patients to realize that doctors are human and can make mistakes. Even if the error is not considered to be medical malpractice, it could result in serious injuries for the patient. A malpractice lawsuit can assist the patient to recover damages and hold the doctor accountable for his or her actions.

A malpractice lawsuit could also serve a different purpose, which is to stop other doctors from making the same mistake. When the malpractice of a doctor is exposed, it can encourage hospitals to modify their policies and ensure that all patients are sent to specialists. This can make a difference and reduce the amount of malpractice lawsuits in the future.