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

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

In the event of a medical malpractice lawsuit the damages could be a reimbursement of past and future medical expenses. Compensation may also be available for the loss of future earnings if your injury hinders 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 successfully submit a medical Malpractice Lawyer claim the case must be substantiated that the healthcare provider did not perform up to his or her duty to treat patients in accordance with accepted protocols. The failure to do so could have also resulted in injury or even death.

Malpractice cases typically are based on a false diagnosis or treatment, surgical errors such as operating on the wrong body part or leaving instruments inside the patient, failing to monitor a patient following surgery, or improper use of machinery. These kinds of errors can cause many injuries that range from permanent damage to serious and disfiguring scarring.

Good medicine requires an effort to be the best doctor possible and an openness to learning new methods and techniques. It also requires being realistic regarding the dangers of negligence and the possibility that you could be legally liable if a lapse is made. In addition, doctors should double check all of their work and be sure they understand the guidelines and rules.

A number of states have implemented tort reform policies that reduce the costs of litigation by replacing the jury and trial system by alternative dispute resolution mechanisms, such as voluntary binding arbitration. These are designed to accelerate the process, remove overly generous juries, and filter out non-meritorious claims.

Inability to identify

Failure to recognize medical malpractice is a problem when a patient is injured because of a doctor being negligent in diagnosing an ailment. When a medical professional fails diagnose an illness or condition the patient could suffer from worsening of symptoms, extreme pain, distress and even death. If a doctor did not thoroughly investigate the medical issue and you suffer from an illness that is serious and should have been treated, your lawyer could be able to help make a case against a medical professional.

Undiagnosed cancers, heart attacks, strokes, and blood clots such DVT are all instances of medical negligence. These are usually caused by doctors who don't follow the correct differential diagnosis procedure. This is a method in which doctors prepare an inventory of possible diagnoses and rule them out by asking questions, making further observations, or requesting tests.

Medical professionals have a duty of providing care to patients and must discharge the duty in a fair manner. Your lawyer will require medical records to show that the healthcare professional did not comply with this standard. They will also need to consult with experts in medicine to compare your case against the way other doctors handle your situation. Typically, this involves using expert testimony and evidence such as imaging or lab tests to show that the healthcare professional was not aware of the condition you suffer from.

Failure to Treat

Modern medicine can be a boon, but if doctors fail to properly treat patients the result could be disastrous. Our NYC medical malpractice lawyers handle cases involving failures to diagnose diseases and injuries of all kinds. It is vital for medical professionals to keep detailed documentation about their encounters with patients and the results of any tests they carry out. It is also important to have a clear way of communicating with patients and to be explicit when describing symptoms.

The role of a doctor is to detect signs of serious illness or disease and prescribe the most appropriate treatment. This includes knowing when to refer an individual patient for further evaluation to an expert.

Failure to treat can also be defined as the failure to act or allowing the condition to get worse. This kind of medical negligence can lead to a worsened condition, a life-threatening injury or even death.

To win the case of failure-to-treat, the first step is to prove the provider of health care violated their duty towards patients. The next step is to prove that the delay in receiving medical treatment has caused additional harm (called "damages", in legal terms). This element typically involves the testimony of expert medical witnesses. New York, unlike many other states, does not limit the amount of damages that victims of medical malpractice or negligence are entitled to.

Inability to refer

If a physician discovers that a patient is suffering from medical issues that require treatment beyond their expertise, it is usually considered to be part of their duty to send them to a physician who will provide treatment. In the absence of this, it could be a breach of standard of care. A malpractice lawsuit can be filed if this happens.

Physicians who do not refer patients often do because they are concerned about losing their job or because of pressure from insurance companies who aren't willing to pay for specialized treatment for the patient. This type of medical error can lead to serious problems for the patient and may result in delayed diagnosis or even death.

It is important that patients realize that doctors make mistakes and are human. Even if the mistake is not considered medical malpractice, it can still lead to serious injuries for the patient. A malpractice lawsuit can help the patient recover damages and hold the doctor accountable for his or her actions.

A malpractice claim may also serve another purpose, which is to prevent other doctors making the same mistake. When the negligence of a physician is exposed, it might encourage hospitals to modify their policies and ensure that all patients are taken to specialists. This can help save lives and reduce the number of malpractice claims in the future.