How a Malpractice Attorney Can Help You File a Medical Malpractice Claim Medical malpractice cases are difficult. Medical malpractice cases can be difficult. Damages resulting from a medical negligence case can include reimbursement for future and past 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 lawyers at Abend & Silber, PLLC have assisted many clients to recover damages resulting from the negligence of healthcare providers. To successfully file a medical malpractice claim, it must be proven that the healthcare provider failed to fulfill his or her duty to treat patients in accordance with accepted protocols. There must also be proof that this failure caused injury or death. Malpractice claims are usually based on allegations of misdiagnosis or treatment, surgical errors that result from operating on the wrong region of the body or leaving instruments inside the patient, failures to monitor patients following surgery, or improper use equipment. These mistakes can lead to a wide range of injuries, ranging from permanent damage to ugly scars. To be a good physician you must commit to being the best doctor and willing to study new techniques and procedures. It is also crucial to be aware of the possibility of malpractice and recognize that you could be sued for a mistake. Doctors should double-check their work and ensure they are aware of policies and rules. A number of states have implemented tort reform measures that reduce the costs of litigation by replacing the jury and trial system with alternative dispute resolution processes, such as voluntary binding arbitration. These measures are intended to accelerate the process and eliminate excessively generous juries. They also eliminate non-meritorious cases. Inability to recognize Failure to diagnose medical malpractice occurs if the patient is injured due to a doctor being negligent in diagnosing a condition. If a medical professional fails diagnose an illness or condition the patient may experience worsening of symptoms, severe pain, anxiety, and even death. A lawyer could help you file a claim against a medical professional in the event that doctors failed to examine your medical condition and you are suffering from a serious illness that could be treated. Undiagnosed cancers, heart attacks or strokes, as well as blood clots, such as DVT are all examples of medical malpractice. They usually occur when doctors fail to follow the proper differential diagnosis procedure. This is a process in which doctors make an inventory of possible diagnoses and eliminate them by asking questions, studying more closely or ordering tests. Medical professionals have a duty of care to patients and must fulfill that duty in a reasonable manner. Your lawyer will need medical records to show that the healthcare professional failed to meet the requirements of this standard. They'll also have to consult with medical experts to compare your case against how other doctors would treat your condition. Typically, this involves using expert testimony and evidence like imaging or lab tests to prove that the healthcare professional did not recognize the condition that you have. Failure to comply with Treat Modern medicine can do wonders however, when doctors fail to treat patients properly, the results can be devastating. Our NYC medical malpractice lawyers handle cases involving the failure to recognize diseases and injuries of all kinds. Medical professionals must keep detailed logs of their interactions patients and any tests they've conducted. It is also helpful to be able to communicate clearly with patients and to be clear when explaining symptoms. The role of the doctor is to recognize symptoms of serious diseases or illnesses and prescribe the appropriate treatment. This includes being able to determine the appropriate time to refer the patient to an expert for further evaluation. Failing to take action or letting a condition worsen is another type of failure to treat. This kind of medical negligence can result in a more serious condition, a life-threatening injury or even death. The first step in a successful case involving the failure to treat is to establish that the health provider violated their obligation to patients. The next step is to prove 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. Unlike many states, New York does not cap the amount of damages that can be awarded to victims of medical negligence or malpractice. Failure to Refer If a physician discovers that a patient has medical issues that require intervention beyond their expertise, it is usually considered to be part of their obligation to refer them to a doctor who will provide treatment. A breach of the standard can occur if a doctor fails to refer the patient to a medical professional who can provide care. When this happens, a malpractice case may be filed. Physicians who fail to refer a patient 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 kind of medical error could lead to serious issues for the patient and may result in delayed diagnosis or even death. It is essential for patients to know that doctors are human and can make mistakes. Even if the mistake is not deemed medical malpractice, it can cause serious injuries to the patient. A malpractice lawsuit may help the patient obtain compensation, and hold the doctor accountable for the actions of his or her staff. A malpractice lawsuit can serve a purpose in helping prevent other doctors from making the same mistake. If the wrongful conduct of a doctor is revealed and exposed, it could prompt hospitals to alter their policies and make sure all patients are properly referred for medical attention. This can save lives, and also reduce the risk of future malpractice claims.