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Medical malpractice cases can be difficult. They require experienced lawyers and law firms that are willing to pursue a case all the way to trial.
Damages resulting from a medical negligence case can include reimbursement for past and expected future medical expenses. If your injury keeps you from working in the same capacity there may be compensation available for future earnings.
Medical Malpractice
The medical malpractice attorneys at Abend & Silber PLLC have helped numerous clients recover the damages caused by negligence by healthcare professionals. To prove medical malpractice, it is essential to demonstrate that the healthcare professional did not treat patients in accordance with accepted guidelines. There must also be proof that this error caused injury or death.
Malpractice claims are often based on allegations of incorrect diagnosis or treatment, surgical errors like performing surgery on the wrong area of the body or leaving instruments in the patient's body, failures to monitor patients following surgery, or the improper use of machinery. These mistakes can lead to various injuries, ranging from permanent injury to infected scars that are disfiguring.
Good medicine requires an obligation to be the best physician you can be and a willingness to learn new techniques and procedures. It is also important to be aware of the risk of malpractice and understand that you could be sued for negligence. Doctors must also double-check their work and ensure they know the policies and regulations.
Many states have enacted tort reform laws that cut down the costs of litigation by replacing jury and trial systems with alternative dispute resolution processes including arbitration that is voluntary and binding. These measures are designed to accelerate the process and eliminate excessively generous juries. They also filter out non-meritorious cases.
Failure to Diagnose
Failure to identify medical malpractice can occur when a patient is injured as a result of the negligence of a doctor in diagnosing an illness. In many instances, when a medical professional fails to identify an illness or disease, the patient may suffer from worsening symptoms and severe distress and pain, and even death. If a physician did not sufficiently investigate your medical condition and you have an illness that is serious and should have been treated, a lawyer may be able to help to establish a case against the medical professional.
Undiagnosed cancers, heart attacks, strokes, blood clots and other blood clots like DVT are all instances of medical malpractice lawyers. These are usually the result of doctors who don't follow the correct differential diagnosis procedure. This is a process in which doctors make a list of possible diagnoses and eliminate them by asking questions, observing more closely or ordering tests.
Medical professionals have the duty of care to patients and must discharge the duty in a fair manner. Your lawyer will require your 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 evaluate your situation against what other doctors would do to treat your case. Typically, this requires expert testimony and evidence, such as lab or imaging studies to show that the healthcare professional was not aware of the condition that you have.
Failure to Treat
Modern medicine can accomplish wonders however, if doctors fail to treat patients correctly, the result could be catastrophic. Our NYC medical malpractice attorneys handle cases involving the failure to diagnose various types of diseases and injuries. It is important for medical professionals to keep detailed records of their interactions with patients and the results of any tests they carry out. It is also important to be able to communicate clearly with patients and to be specific in describing symptoms.
The role of the doctor is to identify the signs of serious diseases or illnesses and prescribe the most appropriate treatment. This includes determining when it is appropriate to refer a patient to specialists for further evaluation.
Failure to act or letting a condition worsen is a different type of failure to treat. This kind of medical negligence can result in a worsening condition, life-threatening injuries or even death.
The first step in a case of failure in treating is to prove that the health provider violated their duty to patients. The next step is to show that the delay in receiving medical treatment has caused additional harm (called "damages", in legalese). This usually involves the testimony of medical expert witnesses. New York, unlike many other states, does not limit the amount of damages victims of medical malpractice or negligence are entitled to.
Failure to refer
If a physician discovers that a patient has medical problems that require treatment beyond their expertise, it is generally considered to be a part of their duty to refer them to a doctor who will provide treatment. In the absence of this, it could be a breach of standard of care. In the event of this, a malpractice case may be filed.
Many doctors who don't refer patients do so out in fear of having to lose their business, or because insurance companies are pressuring them to not cover specialty treatments for the patient. This kind of medical error could cause serious problems for the patient such as delayed diagnosis or even death.
It is essential that patients realize that doctors make mistakes and are human. Even if a mistake not considered to be medical malpractice, it may result in serious injuries for the patient. A malpractice lawsuit can help the patient recover damages and hold the doctor responsible for his or her actions.
A malpractice lawsuit can serve a purpose in aiding other doctors from making the same mistake. If the negligence of a doctor is discovered, it can inspire hospitals to make changes in their practices and ensure that every patient is properly referred to specialists. This could save lives and reduce the number of malpractice cases in the future.
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