Doctors require rigorous classroom instruction and several years of supervised training before they can practice on their own. This is because they must learn the procedures and protocols required to ensure each patient receives the proper triage, diagnosis, treatment, and aftercare necessary. If a doctor does not uphold the high standard of care required, their patients can suffer serious complications including further injuries, advancing disease, and even death.
The area of law that holds doctors and other highly trained practitioners responsible for upholding the proper standard of care is medical malpractice. The laws surrounding these claims are complex, but a medical malpractice lawyer in Holbrook, Long Island, can help. At Gacovino, Lake & Associates, P.C., we offer free attorney consultations for anyone who believes they suffered injuries in a medical malpractice incident. We can explain how the laws apply to your situation, identify an expert witness to prove your claim, and pursue compensation for the damages you suffered. Call us today at 631-600-0000. Members of our medical malpractice team are standing by to answer your questions.
What Does Medical Malpractice Look Like?
Like anyone else, doctors make mistakes. Sometimes, they are minor and no one notices. Sometimes, they are more serious. However, mistakes do not constitute medical malpractice. Malpractice is more serious and usually includes a deviation from protocols in place to protect patients. Before we can pursue compensation from your doctor, we need evidence showing there was a significant lowering of the standard of care you received. Any number of common medical errors may constitute a violation of the standard of care in your case.
When paired with ignored safety protocols, miscommunications and misunderstandings can lead to medical errors, treatment errors, surgical errors, and other serious issues. It is important for physicians and other caregivers to follow proper protocols when communicating with nurses, staff, patients, and their families.
Failing to Follow Proper Procedures
There are specific procedures doctors and nurses must follow in order to ensure every patient receives the appropriate care. These procedures uphold the standard of care and provide for the needs of each patient. Whether or not a doctor followed proper procedures and protocols plays a key role in our eligibility for filing a medical malpractice claim.
If most doctors would have diagnosed your condition or would have conducted more testing to arrive at an accurate diagnosis, you could have a valid case for malpractice. A delayed diagnosis could mean a patient suffers more symptoms or could even lead to death from advancing disease.
Issues With Treatments
Once you have a diagnosis, there are prescribed treatments your doctor should offer. There are protocols in place to ensure you receive the right drug, confirm your dosage, and instruct your doctor in what to do if you do not respond to this treatment. If your doctor fails to follow these protocols and you suffer because of it, we may be able to help you file a medical malpractice claim.
Failing to Warn About All Risks
Your doctor must inform you of the risks of all procedures, treatments, tests, and medications. If they do not tell you about a risk and you suffer from an unexpected complication because of it, we can often file a valid claim based on their failure to inform.
Do I Have a Viable Medical Malpractice Claim?
The best way to understand the strength of your New York medical malpractice claim is to discuss the details of your case with us. We can explain how the state’s medical malpractice laws apply to your case and discuss your options for compensation.
If we can show the care in your case fell below acceptable standards and this caused your injuries or worsening health, we can usually pursue a claim and recover compensation on your behalf.
Before we can pursue your claim, however, we must identify another physician with similar training and experience as your doctor who can testify about proper protocols and procedures. They will also address whether or not they believe your care lived up to the current standard. This is an important step in the process. It allows us to understand your doctor’s negligence and determine how it affected the outcome of your treatment.
What Is the Process Like to Recover Compensation?
State laws define how to navigate a medical malpractice case. After we complete our investigation, collect proof of your damages, and obtain any available evidence against your doctor, we will file a claim with your doctor’s medical malpractice insurance provider. This claim explains why we believe we have a viable case and asks for a specific payout based on your losses.
We have 90 days from the date we file our claim to identify an expert medical witness, set up an interview, and discuss your case. If this expert is willing to testify your doctor failed to provide the proper standard of care, we can complete a certificate of merit and move forward with your claim.
Usually, filing a claim pushes the hospital’s legal team or insurance provider to launch an investigation into the incident. In most cases, this leads to an out-of-court settlement offer. While this settlement is rarely enough to cover our client’s losses, it allows us to negotiate for a fair payout. Usually, this is how a medical malpractice claim ends in Holbrook.
Only occasionally do we need to file a lawsuit against the doctor or hospital. However, if the need arises, we are not afraid to litigate a case against any hospital, clinic, or care provider.
How Can I Talk to a Medical Malpractice Lawyer in Holbrook, Long Island?
The lawyers at Gacovino, Lake & Associates, P.C., know how to pursue compensation through a medical malpractice claim. We can ensure your rights remain protected by following all of the rules regarding filing this type of claim. We can provide legal advice, representation, and support on a contingency basis for those with a viable claim. Call our office today at 631-600-0000 to make an appointment to discuss your case with a medical malpractice attorney in Holbrook.