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

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

Damages resulting from a medical negligence case may include reimbursement for past and expected future medical expenses. Compensation could also be provided in the event of a loss of future earnings if your injury hinders you from working in the same capacity.

Medical Malpractice

The medical malpractice attorneys at Abend & Silber PLLC have helped numerous clients recover the damages caused by negligence by healthcare providers. In order to successfully file a medical malpractice claim it must be proved that the healthcare provider did not perform his or her duty to treat patients according to accepted protocols. This negligence could have also resulted in the death or injury of a patient.

Malpractice cases typically are based on the incorrect diagnosis or treatment, surgical mistakes including operating on the wrong body part or removing instruments from the patient, inability to monitor a patient after surgery, or improper use of machines. These types of errors could cause numerous injuries, ranging from permanent damage to serious and disfiguring scarring.

Practicing good medicine involves an obligation to be the best physician you can be and an openness to learning new methods and techniques. It is also crucial to be aware of the potential for malpractice law and realize that you may be sued for a mistake. Doctors should be sure to double-check all of their work and be sure they fully understand guidelines and regulations.

Many states have enacted tort reform measures to reduce litigation costs by replacing jury trials with alternative dispute resolution methods, such as binding arbitration. These measures are designed to accelerate the process and eliminate excessively generous juries. They also screen out non-meritorious cases.

Failure to recognize

A failure to identify medical malpractice happens when the patient suffers injury due to the negligence of a doctor in diagnosing an illness. In many cases, if medical professionals fail to identify an illness or condition, the patient can be suffering from worsening symptoms, extreme discomfort and pain, and even death. Your lawyer may be able to assist you in establishing a claim against a medical professional if an expert doctor has failed to determine your medical condition and you suffer from a serious illness which could be treated.

Some common examples of this kind of medical malpractice include an undiagnosed heart attack, cancer, stroke, and blood clots like DVT. They are typically caused by doctors who fail to follow the correct differential diagnosis protocol. This is a procedure in which doctors prepare an inventory of possible diagnoses and then eliminate them by asking questions, studying more closely or ordering tests.

Medical professionals owe an obligation of care to patients and must fulfill this duty in a reasonable manner. To demonstrate that a health care professional failed to live up to the standard of care, your lawyer will need review your medical records and consult with experts in the field of medicine who can evaluate your situation with how other doctors would have treated your situation. This typically requires expert testimony, as well as evidence such as tests or imaging studies that prove the healthcare professional was not aware of your condition.

Failure to Treat

Modern medicine can accomplish wonders, but when doctors aren't able to treat patients appropriately, the consequences could be catastrophic. Our NYC medical malpractice attorneys are able to handle cases that involve a failure to diagnose various types of injuries and illnesses. Medical professionals must keep meticulous logs of their interactions patients as well as any tests they have conducted. It is important to be able to communicate clearly and be precise when discussing symptoms.

A doctor's job is to be able to recognize symptoms of a serious illness or disease and prescribe an appropriate course of treatment. This includes being able determine the appropriate time to refer a patient to a specialist for further examination.

Failing to take action or allowing a condition to get worse is another way of failing to treat. This type of mistake can cause a deterioration of the situation and a life-threatening incident or even death.

In order to win the case of failure-to-treat, the first step is to establish that the provider of health care did not fulfill their obligations to patients. The next step is to establish that the delay in receiving medical care has resulted in additional harm (called "damages", in legal terms). This is usually done through the testimony of expert medical witnesses. New York, unlike many other states, does no limit the amount of damages that victims of medical negligence or malpractice are entitled to.

Inability to refer

Referring a patient's case to a doctor who is able to provide medical care is part of the duty of a physician when they discover that the patient is suffering from medical problems that are beyond their expertise. A breach of the standard could occur if a doctor is unable to refer the patient to a doctor who can offer care. In the event of this it could lead to a malpractice claim be filed.

Many doctors who do not refer patients do so out in fear of having to lose their business, or because insurance companies are pressured them to not cover specialty treatment for the patient. This kind of medical error could cause serious issues for patients, including delayed diagnosis, or even death.

It is crucial for patients to understand that doctors are human beings and do make mistakes. Even if a mistake is not considered to be medical malpractice, malpractice claim it may cause serious injuries to the patient. A malpractice suit could aid the patient in obtaining compensation and hold the doctor accountable for the actions of his or her staff.

A malpractice lawsuit can be used to helping prevent other doctors from making the same mistake. If the malpractice of a physician is exposed, it could influence hospitals to change their policies and ensure that all patients are referred to specialists. This could save lives and also reduce the risk of future malpractice litigation claims.