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Medical malpractice cases can be challenging. They require skilled lawyers and law firms who are prepared to take a case all the way through trial.
The damages in a medical malpractice case may include reimbursement for past and foreseeable future medical expenses. If your injury stops you from working in the same capacity, compensation may be available 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 make a claim for medical malpractice it must be established that the healthcare provider failed to perform up to his or her duty to treat patients according to accepted guidelines. The failure to do so should also have led to injury or death.
Malpractice lawsuits typically are based on a false diagnosis or treatment, surgical errors which include operating on a wrong body part or leaving instruments inside the patient, inability to monitor a patient after surgery or improper use of equipment. These kinds of mistakes can cause many injuries, from permanent damage to severe and painful scarring.
To be a good physician, you must be committed to being the best possible doctor and be willing to learn new techniques and procedures. It also involves being honest about the potential risks of malpractice and knowing that you may be sued if a mistake is made. Doctors must also double-check their work and make sure they know the policies and regulations.
Many states have adopted tort-reform measures to reduce the costs of litigation by replacing jury trials with alternative dispute resolution techniques such as binding arbitration. These are designed to speed up the process, reduce overly generous juries, and filter out non-meritorious claims.
Inability to diagnose
Inability to identify medical malpractice occurs if an injured patient suffers because of a doctor being negligent in diagnosing a condition. If a medical professional fails to identify a condition or illness, the patient might experience an increase of symptoms, extreme pain, anxiety, and even death. Your lawyer might be able to assist you in filing a lawsuit against a medical professional in the event that a doctor failed to investigate the medical issue you have and if you suffer from a serious disease that could be treated.
Undiagnosed cancers, heart attacks, strokes, as well as blood clots such DVT are all instances of medical malpractice. These are usually caused by doctors who do not follow the correct differential diagnosis procedure. This is a procedure in which doctors compile a list of possible diagnoses and rule them out by asking questions, making additional observations, or malpractice Lawyers ordering tests.
Medical professionals have an obligation of care to their patients and must perform the duty in a fair manner. Your lawyer will need your medical records to prove that the healthcare professional did not meet the requirements of this standard. They'll also have to consult with experts in medicine to compare your situation with the way other doctors handle your case. Typically, this involves using expert testimony and evidence such as lab or imaging studies to prove that the health care professional failed to recognize the condition that you have.
Failure to comply with Treat
Modern medicine can do wonders but if doctors fail to treat patients appropriately and properly, the result can be disastrous. Our NYC medical malpractice lawyers deal with cases that involve failing to recognize illnesses and injuries of all kinds. It is important that medical professionals keep detailed records of their interactions with patients and the results of any tests they may have performed. It is important to clearly communicate with patients and be precise when providing symptoms.
The doctor's role is to identify the signs of serious diseases or illnesses and prescribe the correct treatment. This includes knowing when to refer a patient for further evaluation to an expert.
Failure to treat may also be defined as a failure to act or allowing a condition to get worse. This kind of negligence could cause a situation to get worse and a life-threatening incident or even death.
In order to win a case involving failure-to-treat the first step is to establish that the health care provider did not fulfill their obligations to patients. The next step is to prove that the delay in medical treatment caused additional harm or losses (called "damages" in legal terms). This usually requires testimony of medical experts. New York, unlike many other states, does NOT limit the amount of damages that victims of medical negligence or malpractice are entitled to.
Failure to refer
If a doctor is aware that a patient has medical problems that require treatment beyond their expertise, it is usually considered to be part of their obligation to send them to a physician who will provide treatment. A breach of the standard could occur if a doctor fails to refer the patient to a doctor who can provide care. A malpractice lawsuit can be filed if this occurs.
Many physicians who fail to refer patients to specialists do so because of fear that they could lose their business, or due to the fact that insurance companies pressure them to not cover specialty treatments for their patients. This type of medical error could cause serious problems for the patient which could result in delayed diagnosis, or even death.
It is essential that patients realize that doctors make mistakes and are human. Even if the error is not considered to be medical malpractice, it could result in serious injuries to the patient. A malpractice lawsuit could help the patient obtain compensation and hold the doctor accountable for the actions of his or her staff.
A malpractice claim could serve a different purpose, which is to prevent other doctors making the same mistake. When the malpractice of a doctor is discovered the hospital may be compelled to change their policies and make sure all patients are properly referred to specialists. This could save lives, and also reduce the risk of future malpractice claims.
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