How a
Malpractice Attorney Can Help You File a Medical Malpractice Claim
Medical Malpractice [
Vimeo.com] cases are difficult. Medical malpractice cases are challenging.
In the event of a medical malpractice lawsuit, damages can include the reimbursement of past and foreseeable medical expenses. If your injury keeps you from working in the same capacity it is possible to receive compensation for future earnings.
Medical Malpractice
The medical malpractice lawyers at Abend & Silber, PLLC have assisted numerous clients in recovering damages caused by the negligence of healthcare providers. To successfully submit a medical malpractice claim it must be established that the healthcare provider failed to fulfill his or her duty to treat patients in accordance with accepted protocols. This failure must also have caused injury or death.
Malpractice cases typically involve allegations of erroneous diagnosis or treatment, surgical errors like operating on the wrong body part or removing instruments from the patient, inability to monitor a patient after surgery or the improper use of machinery. These kinds of errors can cause various injuries that range from permanent damage to severe and painful scarring.
The practice of good medicine requires a commitment to being the best doctor 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 negligence. Doctors should ensure that they have checked all aspects of their work and make sure they fully understand guidelines and rules.
A number of states have taken tort reform measures to reduce litigation costs by replacing jury trials with alternative dispute resolution techniques, such as binding arbitration. These are designed to speed up the process, reduce overly generous juries and screen out nonmeritorious claims.
Failure to recognize
Failure to identify medical malpractice can occur when the patient is injured as a result of a doctor being negligent in diagnosing a condition. In many cases, if medical professionals fail to identify an illness or medical condition, patients may suffer from worsening symptoms and severe distress and pain, or even death. Your lawyer may be able to assist you in filing a lawsuit against a medical professional in the event that doctors failed to examine the medical issue you have and if you suffer from a serious condition that could have been treated.
The most common examples of this type of medical malpractice include undiagnosed cancer, heart attack or stroke, as well as blood clots such as DVT. These are usually caused by doctors who don't follow the correct differential diagnosis protocol. This is a process in which doctors create a list of diagnoses that could be possible and eliminate them by asking questions, studying more closely or requesting tests.
Medical professionals have a duty of providing care to patients and they must exercise this duty in a responsible manner. Your lawyer will need your medical records to prove that the healthcare professional failed to meet the requirements of this standard. They'll also have to consult with medical experts to compare your case against how other doctors would treat your case. This usually requires expert testimony, as well as evidence such as a lab or imaging studies which show that the healthcare professional did not recognize your condition.
Failure to treat
Modern medicine can accomplish wonders but when doctors fail to treat a patient properly, the results could be disastrous. Our NYC medical malpractice attorneys handle cases involving the inability to identify all types of injuries and
malpractice diseases. It is crucial for medical professionals to keep a detailed record of their interactions with patients as well as the results of any tests they may have performed. It is also important to have clear communication with patients as well as being specific in describing symptoms.
The job of a doctor is to be able to recognize symptoms of a serious illness and recommend the appropriate treatment. This involves knowing when to refer patients for further evaluation to a specialist.
Failure to treat could also be defined as a failure to take action or allowing a problem to get worse. This kind of negligence could lead to a more serious situation or a life-threatening accident, or even death.
The first step in a case involving failure to treat is to prove that the health care provider breached their obligation to patients. The next step is proving that the delay in receiving medical attention is causing additional harm (called "damages" in legalese). This usually requires testimony of medical experts. New York, unlike many other states, does no limit the amount of damages victims of medical malpractice or negligence may receive.
Failure to Refer
Referring a patient's case to a physician that can provide treatment is part of a doctor's duty in the event that they suspect that the patient is suffering from medical problems that are not their expertise. If they fail to do so, it can be a breach of standard of care. A malpractice case can be filed if the situation occurs.
Physicians who do not refer patients often do so because they're worried about losing their business, or because of pressure from insurance companies who don't want to cover the cost of specialty treatment for the patient. This kind of medical error can lead to serious health problems for the patient and may result in delayed diagnosis or even death.
It is crucial for patients to realize that doctors are human beings and do make mistakes. Even if the error is not considered medical malpractice, it could result in serious injuries to the patient. A malpractice lawsuit could help the patient recover damages and hold the doctor accountable for his or her actions.
A malpractice case could also serve another purpose, which is to stop other doctors from making the same mistake. When the negligence of a physician is exposed, it may influence hospitals to change their policies and ensure that all patients are sent to specialists. This could make a difference and reduce the number of malpractice cases in the future.