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

Medical malpractice cases are a challenge. Medical malpractice cases can be difficult.

The damages in a medical malpractice case may include reimbursement for past and anticipated future 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 be able to bring a medical malpractice lawsuit the case must be substantiated that the healthcare provider failed to perform up to their obligation to treat patients according to accepted guidelines. This negligence must also have resulted in injury or even death.

Malpractice claims are often based on allegations of misdiagnosis or treatment, surgical mistakes such as operating on the wrong region of the body, or leaving instruments in the patient, failures to observe patients following surgery, or improper use equipment. These errors can result in a wide range of injuries, ranging from permanent damage to disfiguring scars.

To be a good physician it is essential to commit to being the very best physician and willing to learn new methods and procedures. It is also essential to be realistic about the potential for malpractice and be aware that you could be sued for negligence. Doctors should also double-check their work and ensure they know the policies and rules.

Many states have enacted tort reform measures to reduce the cost of litigation by replacing jury systems with alternative dispute resolution methods such as binding arbitration. These are designed to speed up the process, eliminate generous juries, and also to filter out non-meritorious claims.

Failure to Diagnose

A failure to identify medical malpractice happens when the patient suffers harm as the result of medical negligence in diagnosing a disease. If a medical professional fails to recognize a condition or illness the patient may experience worsening of symptoms, severe pain suffering, or even death. If a physician did not properly investigate your medical issue and you have a serious illness that could have been treated, your lawyer might be able to help you build a case against the medical professional.

Some typical examples of this kind of medical malpractice are undiagnosed cancer, heart attack or stroke, as well as blood clots, like DVT. These are typically caused when doctors fail to follow the correct differential diagnosis procedure. This is a procedure by which doctors make a list of possible diagnosis and then eliminate them by asking questions, observing more closely or requesting tests.

Medical professionals are bound by the duty of care to their patients and must perform that 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 look over your medical records, and consult experts in medicine who can assess your situation with other doctors would have dealt with your case. Typically, this means using expert testimony and evidence like lab or imaging studies to prove that a healthcare professional did not recognize the condition that you have.

Failure to comply with Treat

Modern medicine can do wonders, but when doctors fail to treat patients correctly the result could be disastrous. Our NYC medical malpractice lawyers handle cases involving failing to recognize illnesses and injuries of all kinds. It is crucial that medical professionals keep detailed records of their encounters with patients and the results of any tests they may have performed. It is also important to be in a clear and direct communication with patients and to be explicit in explaining symptoms.

The role of the doctor is to identify signs of serious illness or disease and prescribe the correct treatment. This involves knowing when to refer a patient for further evaluation to a specialist.

Failure to treat can be defined as failing to act or allowing a condition to get worse. This type of medical malpractice can lead to a worsened condition, life-threatening injuries or even death.

The first step in a successful case involving the failure to treat is to show that the health care provider breached their obligation to patients. The next step is to establish that the delay in medical treatment caused further harm or losses (called "damages" in legal jargon). This element typically involves the testimony of expert medical witnesses. New York, unlike many other states, does NOT limit the amount of damages victims of malpractice or medical negligence are entitled to.

Failure to refer

A patient should be referred to a doctor who is able to offer treatment is a an obligation of a physician in the event that they suspect that the patient has medical problems that are not their expertise. A violation of the standard could occur if a doctor does not refer the patient to a doctor who can offer care. If this happens an action for malpractice could be filed.

Physicians who fail to refer patients to specialists often do due to fear about losing their business, or due to pressure from insurance companies who do not want to cover the cost of specialty treatment for the patient. This type of medical error malpractice lawsuit can result in serious health issues for patients, including delayed diagnosis, or even death.

It is essential for patients to be aware that doctors are human and will make mistakes. Even if the error is not considered medical malpractice, it could cause serious injuries for the patient. A malpractice suit could help the patient obtain compensation and hold the doctor accountable for their actions.

A malpractice lawsuit case can also serve a purpose by aiding other doctors from making the same mistake. If the negligence of a physician is exposed and criticized, it could inspire hospitals to change their policies and ensure all patients are properly referred to specialists. This can save lives, and reduce future malpractice claims.