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

Medical malpractice cases can be challenging. Medical malpractice cases can be difficult.

In the event of a medical malpractice lawsuit, damages can include the reimbursement of future and past medical expenses. Compensation could also be provided for loss of future earnings if the injury is preventing you from working in the same capacity.

Medical Malpractice

The medical malpractice lawyers at Abend & Silber PLLC have helped many clients obtain losses resulting from negligence by healthcare professionals. To be able to bring a medical malpractice lawsuit, it must be proven that the healthcare provider did not perform their obligation to treat patients in accordance with accepted guidelines. The failure to do so must also have resulted in injury or death.

Malpractice claims often are based on the incorrect diagnosis or treatment, surgical mistakes like operating on the wrong body part or removing instruments from the patient, failing to monitor a patient after surgery or the improper use of machinery. These types of errors can cause various injuries, ranging from permanent damage to serious and ugly scarring.

Good medicine requires an obligation to be the best physician possible and the desire to keep up with new methods and techniques. It is also important to be realistic about the possibility of malpractice and understand that you could be sued for a lapse. Doctors should also double-check their work and make sure they are aware of the rules and regulations.

A number of states have implemented tort reform laws that cut down the costs of litigation by replacing trial and jury systems with alternative dispute resolution processes such as arbitration that is voluntary and binding. These are designed to speed up the process, reduce overly generous juries and screen out unimportant claims.

Inability to diagnose

Failure to recognize medical malpractice can occur when the patient suffers harm as the result of a doctor's negligence in diagnosing a disease. When a medical professional fails diagnose an illness or condition the patient may experience worsening of symptoms, extreme pain, discomfort, and even death. Your lawyer might be able to assist you in establishing a claim against a medical professional if the doctor did not investigate your medical issue and you are suffering from a serious disease that could have been treated.

Some typical examples of this kind of medical error include undiagnosed heart attack, cancer or stroke, and blood clots such as DVT. These are usually caused by doctors who fail to follow the correct differential diagnosis protocol. This is a procedure by which doctors create an inventory of possible diagnoses and eliminate them by asking questions, conducting additional observations, or conducting tests.

Medical professionals are required to fulfill their duty of caring to patients, and they must exercise the duty in a fair manner. To prove that a health care professional did not live up to the standard of care, your lawyer will need review your medical records and consult with experts in medicine who can assess your case to how other doctors would have handled your situation. This usually involves expert testimony, as well as evidence such as tests or imaging studies that prove the healthcare specialist was not aware of your condition.

Failure to Treat

Modern medicine can be a boon however, when doctors fail to treat patients properly the result could be devastating. Our NYC medical malpractice lawyers handle cases involving the failure to diagnose various types of diseases and injuries. Medical professionals should keep detailed documents of their interactions with patients and any tests they've performed. It is essential to be able to communicate clearly and be clear when discussing symptoms.

The role of a doctor is identify the signs of serious diseases or illnesses and prescribe the appropriate treatment. This involves being able to decide the appropriate time to refer a patient to an expert for further evaluation.

Failure to treat could also be defined as failure to take action or allowing a problem to worsen. This type of medical malpractice can lead to a worsened condition, a life-threatening injury or even death.

The first step in a case involving the failure to treat is to prove that the health provider violated their obligation to patients. The next step is to prove that the delay in receiving medical care is causing additional harm (called "damages" in legal terms). This typically involves testimony from medical experts. As opposed to many states New York does not cap the amount of damages that can be awarded to victims of medical negligence or malpractice.

Failure to refer

The referral of a patient to a doctor who can provide treatment is the responsibility of a doctor if they notice that the patient is suffering from medical conditions that are not their expertise. A violation of the standard could occur if a doctor is unable to refer the patient to a doctor who can offer care. If this happens, a malpractice case may be filed.

Many physicians who fail to refer patients do so out of fear that they might lose their business, or because insurance companies are urging them to pay for special treatments for the patient. This type of medical error can cause serious problems for patients, including delayed diagnosis or even death.

It is important for patients to know that doctors are human beings and do make mistakes. Even if the mistake is not deemed medical malpractice, it can result in serious injuries for the patient. A malpractice lawsuit can assist the patient to recover damages and hold the doctor responsible for his or her actions.

A malpractice claim may also serve another purpose, which is to prevent other doctors making the same mistake. If the negligence of a doctor is discovered and exposed, it could prompt hospitals to alter their practices and ensure that all patients are referred properly to specialists. This can save lives and decrease the amount of malpractice lawsuits in the future.