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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 through trial.

In a medical malpractice claim the damages could be a the reimbursement of past and future medical expenses. Compensation could also be provided in the event of a loss of future earnings if your injury makes it impossible to work in the same capacity.

Medical Malpractice

The medical malpractice lawyers at Abend & Silber, PLLC have helped many clients recover damages resulting from the negligence of healthcare professionals. In order to successfully bring a medical malpractice lawsuit the case must be substantiated that the healthcare provider failed to fulfill the standard of care required to treat patients in accordance with accepted guidelines. There must also be proof that this negligence resulted in injuries or even death.

Malpractice claims are usually based on claims of an incorrect diagnosis or treatment, surgical errors, such as operating on the wrong region of the body or leaving instruments in the patient, failures to observe patients following surgery, or the improper use of machines. These kinds of errors can cause many injuries, from permanent damage to serious and deformable scarring.

To practice good medicine you must commit to being the best possible physician and willing to learn new procedures and techniques. It also involves being honest about the potential risks of malpractice lawsuits and understanding that you could be sued if a mistake is made. In addition, doctors should double check all of their work to ensure they fully understand policies and regulations.

A number of states have taken tort reform measures to reduce the costs of litigation by replacing jury trials with alternative dispute resolution techniques including binding arbitration. These are designed to accelerate the process, remove overly generous juries and screen out nonmeritorious claims.

Inability to recognize

A failure to identify medical malpractice lawsuits happens when patients suffer harm as the result of the negligence of a doctor in identifying an illness. In many instances, when a medical professional fails to diagnose an illness or disease, the patient may experience worsening symptoms, severe discomfort and pain, and even death. If a physician did not sufficiently investigate your medical condition and you suffer from an illness that is serious and could be treated, your lawyer may be able to help make a case against a medical professional.

A few common instances of this kind of medical malpractice include undiagnosed heart attack, cancer or stroke, and blood clots like DVT. They usually occur when doctors do not follow the proper differential diagnosis protocol. This is a process by which doctors make an inventory of possible diagnoses and eliminate them by asking questions, looking more closely or ordering tests.

Medical professionals have a responsibility of providing care to patients and they must exercise this duty in a reasonable way. To demonstrate that a health care professional failed to live up to the standard of care Your lawyer will have to examine your medical records and consult with experts in medicine to compare your situation with how other doctors would have handled your situation. This typically requires expert testimony, as well as evidence like an imaging or lab study which show that the healthcare professional was not aware of your condition.

Failure to Treat

Modern medicine can do wonders however, if doctors aren't able to treat patients correctly, the result could be catastrophic. Our NYC medical malpractice lawyers deal with cases that involve the failure to recognize diseases and injuries of all kinds. Medical professionals must keep meticulous logs of their interactions patients as well as any tests they have conducted. It is crucial to clearly communicate with patients and be specific when describing symptoms.

The doctor's role is to recognize symptoms of serious illnesses or diseases and prescribe the appropriate treatment. This includes determining the appropriate time to refer a patient to a specialist for further examination.

Refusing to act or allowing a condition to worsen is another way of failing to treat. This kind of medical malpractice can lead to a worsened condition, life-threatening injuries or even death.

In order to prevail in the case of failure-to-treat the first step is to establish the provider of health care breached their duty 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 is usually done through testimony of medical experts. New York, unlike many other states, does NOT limit the amount of damages that victims of malpractice or medical negligence are entitled to.

Failure to Refer

If a physician discovers that a patient is suffering from medical issues that require intervention beyond their knowledge, it is usually considered to be a part of their obligation to refer them to a doctor who can offer treatment. A violation of the standard may be triggered if a physician does not refer patients to a physician who can provide care. When this happens an action for malpractice could be filed.

Many doctors who don't refer patients to specialists do so because in fear of having to lose their business, or because insurance companies are urging them to not pay for special treatments for the patient. This type of medical error could cause serious issues for the patient which could result in delayed diagnosis, or even death.

It is vital that patients understand Malpractice lawyers that doctors make mistakes and are human. Even if the error is not considered medical malpractice, it can cause serious injuries to the patient. A malpractice lawsuit could help the patient recover damages and hold the doctor responsible for his or her actions.

A malpractice claim may also serve another purpose, which is to stop other doctors from making the same mistake. If the negligence of a physician is exposed the hospital may be compelled to alter their procedures and ensure all patients are properly referred to specialists. This could help save lives and reduce the number of malpractice cases in the future.