Medical Malpractice and Negligence
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A doctor cannot guarantee or insure a good result when he or she treats a patient. However, doctors have a duty to provide medical care which is "good and accepted" in the medical community. When a health care provider's treatment falls below the minimum standard of medical care, the patient may have a medical malpractice action.
To be successful in a medical malpractice action, a plaintiff must show that a doctor deviated from accepted medical practice and that this departure or error was a substantial factor in causing the patient's injuries.
New York Law Firm, Frekhtman & Associates works with the top medical experts who help our lawyers identify and prove medical malpractice. In New York, the law requires an attorney to review a potential medical malpractice action with a medical doctor and obtain a positive review from the doctor that the case has merit. The lawyer then attaches a certificate of merit to the complaint filed against the defendant doctor or other medical provider.
A good example of a strong medical malpractice failure to diagnose case would be a breast cancer scenario. If a yearly mammogram result suspects malignant findings and orders the treating physician to perform further testing such as magnification, spot compression, MLO projection views, and or sonogram, and the doctor neglects to do so. The patient, understanding everything to be fine, does nothing, and waits for her next 6 month or even worse, 1 year follow up appointment. At the next follow up, stage III cancer is found via biopsy. The patient now needs a mastectomy, chemotherapy, and radiation. This is usually a very strong malpractice case because an oncological expert can testify that had the cancer been found one year earlier, no surgery, no radiation, and no chemotherapy would have been needed. It could have been treated. Now that the cancer has been allowed to fester and grow for nearly one year, much more invasive measures are needed and the patient stands the risk of losing her life.Call Us Now at (855) NY MED MAL for a free consultation
If you feel you may have a medical malpractice action, contact us for a free consultation. We carefully screen medical malpractice matters with expert physicians and are very selective in accepting only a handful of new matters each year.
We Handle various types of Med-Mal Cases including:-