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

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

Damages resulting from a medical negligence case could include reimbursement for past and foreseeable future medical expenses. In addition, compensation could be offered 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 assisted many clients to recover damages caused by the negligence of healthcare professionals. To be able to make a claim for medical malpractice, it must be proven that the healthcare provider did not fulfill the standard of care required to treat patients according to accepted guidelines. This infraction must also have caused injury or death.

Malpractice claims often stem on allegations of misdiagnosis or treatment, surgical errors that result from performing surgery on the wrong area of the body or leaving instruments inside the patient, failures to monitor patients after surgery, or in the wrong way to use machinery. These types of errors can cause a variety of injuries, ranging from permanent damage to serious and disfiguring scarring.

To be a good physician You must be committed to being the best possible physician and willing to learn new methods and procedures. It is also essential to be realistic about the potential for malpractice and realize that you may be liable for a mishap. Doctors should also double-check all their work and ensure they are aware of policies and regulations.

Many states have enacted tort reform measures that reduce the costs of litigation by replacing the jury and trial system with alternative dispute resolution methods such as voluntary binding arbitration. These are designed to accelerate the process, remove overly generous juries and screen out non-meritorious claims.

Inability to identify

Failure to diagnose medical malpractice occurs if a patient is injured as a result of the negligence of a doctor in diagnosing a condition. If a medical professional fails to identify a condition or illness, the patient might experience an increase of symptoms, severe pain anxiety, and even death. If a doctor failed to thoroughly investigate the medical issue and you have an illness that is serious and could have been treated, your lawyer may be able to help create a case against the medical professional.

A few common instances of this type of medical malpractice are 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 process in which doctors make a list of possible diagnosis and then eliminate them by asking questions, looking more closely or requesting tests.

Medical professionals have a duty of care to their patients and must perform this duty in a reasonable manner. To demonstrate that a health care professional did not live up to the standard of care the lawyer needs to examine your medical records and consult experts in the field of medicine who can evaluate your situation to how other doctors would have handled your situation. This typically involves expert testimony as well as evidence such a lab or imaging studies which show that the healthcare professional did not recognize your condition.

Failure to comply with Treat

Modern medicine can do wonders, but when doctors fail to treat patients properly, the results could be devastating. Our NYC medical malpractice lawyers handle cases involving the failure to recognize diseases and injuries of all kinds. Medical professionals must keep detailed logs of their interactions patients and any tests they have performed. It is also important to have a clear way of communicating with patients and be explicit in the description of symptoms.

A doctor's job is to be able recognize the symptoms of a serious illness or disease and recommend the appropriate course of treatment. This involves being able to decide the appropriate time to refer the patient to a specialist for further evaluation.

Failure to treat could also be defined as the failure to act or allowing a situation to worsen. This type of medical malpractice can result in a worsening condition, a life-threatening injury or even death.

To prevail in a case involving failure-to-treat, the first step is to establish that the provider of health care breached their obligation to patients. The next step is to establish that the delay in receiving medical care has caused additional harm (called "damages" in legalese). This usually requires 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 negligence or medical malpractice.

Inability to refer

Referring a patient's case to a physician who can provide treatment is part of a doctor's duty in the event that they suspect that the patient is suffering from medical issues that are beyond their expertise. Failing to do so can be a breach of the standard of care. If this happens the malpractice case could be filed.

Many doctors who fail to refer patients do so out in fear of having to lose their business or due to the fact that insurance companies pressure them to not pay for specialty treatment for the patient. This kind of medical error can cause serious problems for patients, including delays in diagnosis, or even death.

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

A malpractice lawsuit can also be beneficial by helping prevent other doctors from making the same mistake. When the malpractice of a physician is exposed, it can encourage hospitals to modify their policies and ensure that all patients are directed to specialists. This could save lives, and also reduce the risk of future malpractice attorneys claims.