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.
Medical Malpractice Lawyers, Frekhtman & Associates have achieved Million Dollar verdicts and settlements in various medical malpractice cases. Call us at (855) NY MED MAL
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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.
Doctors are also required to use an accepted amount of diligence in caring for their patients. Physicians must listen to their patients and take a proper medical history including symptoms. Doctors must carefully review the results of medical tests they order and follow up on these results by referring a patient to a specialist or taking further action.
Medical malpractice can occur in any type of medical area: emergency room, orthopedics, oncology, cancer, cardiology, anesthesia, etc.
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.
For example, a patient goes to the hospital complaining of a fall and severe wrist pain and the doctor bandages the wrist and sends the patient home diagnosing a sprain. The next day the pain gets worse and the patient goes to another hospital where an X-ray shows a fracture which needs surgery. Usually this would not be a medical malpractice case, because the patient most likely needed surgery on Day 1 and the patient received the needed surgery on Day 2 when the correct diagnosis was made. Therefore, there is no difference. The patient cannot prove that the doctor’s failure to diagnose the fracture CAUSED any sort of injury or damage. Had the doctor correctly diagnosed the fracture, the result of the patient having a fracture which needed surgery would have been exactly the same. The plaintiff&’s attorney has to be able to show the jury at trial two different roads or paths that his client would have taken – one road had the doctor made a correct diagnosis and another much worse path that the client in reality did endure because of the doctor’s mistake.
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.
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 provide medical malpractice legal consultation absolutely free. You can contact us at (855) NY MED MAL or visit our new york offices given below
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