Doctors undergo extensive training, both in the classroom and under the watchful eye of more experienced practitioners. The purpose of this education is to ensure they know the procedures they need to follow to provide each patient with the care they need. These protocols ensure the standard of care, which is key in keeping patients from suffering serious injury or even death at the hands of their doctor.
When a doctor deviates from the proper standard of care, and an injury occurs, this is negligence. If your doctor acted negligently, you might be eligible to file a medical malpractice claim.
A medical malpractice lawyer in Oakdale, Long Island can evaluate your situation, help you understand if and how malpractice occurred, identify the expert witnesses necessary to support your case, and file for compensation based on your damages.Call the attorneys at Gacovino, Lake & Associates, P.C. today at 631-600-0000 to schedule a free case evaluation.
Did My Doctor Commit Medical Malpractice?
New York State malpractice laws are complex, and it is almost impossible to know if you have a viable claim without discussing your situation with a medical malpractice attorney. We can collect evidence to show if your doctor’s standard of care fell below the accepted standards, and prove this caused your worsening illness or injuries. We will also document your financial losses and build a strong case for pain and suffering damages.
As a part of the claims process, we must identify another doctor who practices in the area with similar training and experience as the practitioner who committed malpractice in your case. We have a vast network of physicians who work with us on these cases and can enlist the help of one of these expert witnesses to explain how your doctor acted negligently and failed to provide you with the proper standard of care.
What Can I Expect from the Medical Malpractice Claims Process?
We work diligently to build a strong case in your favor, collecting all possible evidence to prove your medical malpractice claim. We prove your damages, including medical bills, lost wages, and pain and suffering. Only once we have all this evidence together and fully understand how malpractice affected your health do we file your claim.
Within 90 days of filing the claim with your doctor’s malpractice insurance company, we have to identify all the expert witnesses we will use in your case. Often, this consists of a single practitioner with similar credentials and experience. After this practitioner investigates your case and the missteps of your doctor, they will help us complete a certificate of merit. This document certifies that they agree your doctor engaged in malpractice and this caused you harm.
Usually, the legal team representing the doctor or hospital will also investigate your case. If they find malpractice, they usually attempt to settle the case with us out of court. We will fight for a fair settlement based on your damages, and will not let the doctor walk away without giving you the compensation you deserve. This negotiation process could take four to six weeks, or even longer. However, a settlement is typically possible. If not, we can take your case in front of a judge and ask them to award you damages.
How Does Medical Malpractice Occur?
Unless you have medical training or have handled as many medical malpractice claims as we have, it is sometimes difficult to spot malpractice. Doctors and other medical practitioners make mistakes. Most are harmless, are quickly fixed, and no one ever knows they ever occurred. Medical malpractice is much more serious. The doctor fails to uphold the high standard of care, acts carelessly or recklessly, and the patient suffers. Sometimes injuries are permanent or even lead to death.
Medical malpractice can occur in almost any point in the triage, diagnosis, treatment, or rehabilitation process. However, some of the most common ways it occurs include:
- Errors in Communication: Communication breakdowns and misunderstandings can lead to mistakes at almost any juncture during the patient’s treatment. They can lead to medication errors, surgical mishaps, and even misdiagnosis.
- Failure to Follow Proper Protocols: Doctors must know how to follow the proper procedures to triage, diagnose, and treat every patient. This is the only way to maintain the proper standard of care. Whether a doctor followed proper protocol is key in many medical malpractice cases.
- Failure to Diagnose: A quick and accurate diagnosis is important to getting patients the treatment they need as soon as possible. If your doctor failed to diagnose a condition most doctors would recognize, you may have a medical malpractice claim.
- Medication Mistakes: Every medical condition has its treatment protocol. If your doctor varies from this protocol without good reason or without first exhausting all standard options, you may have a valid claim for medical malpractice. This is true if your doctor gave you the wrong dosage or prescribed medication without considering drug interactions or allergies, as well.
- Failure to Warn: Doctors must warn patients of the risks they face when they consent to testing, treatment, surgery, and even medications. If your doctor failed to inform you of the risks of a drug and you suffered serious side effects, you may have a valid medical malpractice claim.
How Can I Discuss My Case with a Medical Malpractice Lawyer in Oakdale, Long Island?
The medical malpractice team at Gacovino, Lake & Associates, P.C. is ready to go to work for you. We can offer a free case evaluation, legal advice, support, and representation for your malpractice claim. Call our office today at 631-600-0000 to make an appointment with one of our attorneys.