How Do I Know If I Have a Case For Medical Malpractice?
When you go to your doctor for help, you trust your doctor to help you with the best of their ability and complete their medical duties. When you or a loved one is a patient, you have many things to worry about, and your doctor’s performance should not be a strain for you or your family.
However, unfortunately, there are cases where a medical professional fails to do their duty to their patients. When a medical professional fails to do their medical duties, it can be considered a case of medical malpractice. If you think you may have suffered from a case of medical malpractice, reach out to us at Tannenbaum, Bellatone, & Silver, P.C. a Medical malpractice Lawyer In Suffolk County, and see how our medical malpractice lawyers in Suffolk County can help you.
What Qualifies for Medical Malpractice?
The rules and laws about medical malpractice can vary from state to state, but in general, some requirements need to be met for your situation to qualify. For a medical malpractice lawyer in Suffolk County, you can speak with, contact us at Tannenbaum, Bellatone, & Silver, P.C. a Medical malpractice Lawyer In Suffolk County, and see what we have to offer. Some of the requirements you will need to prove for a medical malpractice case include:
- You had a proper doctor-patient relationship: If a doctor just advised a chance meeting, it can’t count for medical malpractice. You can only sue a doctor if they are treating and working with you. Generally, this means you hired, said the doctor, and the doctor agreed to be hired. This point can be complicated if the doctor in question did not directly treat you.
- There was negligence involved: A unhappy or unfavorable diagnosis or outcome does not constitute a medical malpractice case. You have to prove that the doctor you are suing caused you to harm in a way a different, non-negligent doctor would not have. If the doctor’s treatment was not “reasonably skillful and careful”, then they are liable to medical malpractice, but this issue is often the heart of the case and the proving point needed. In most cases, this requires an independent medical review to confirm.
- The doctor’s actions lead to harm: Generally, people who are seeing a doctor are already sick or injured, so it can be an issue to prove that the actions taken by any doctor are what caused harm for the patient. The patient has to show that the doctor’s actions “more likely than not” directly caused harm for your case to hold value.
- The negligence and harm lead to an injury: Even after you prove all the above, the crux of the case is that you suffered directly from your doctor’s negligent actions. This can include anything from physical pain, mental anguish, lost work, or extra medical bills.
If you can prove all of these, you may have a case of medical malpractice you can pursue. While any case of medical malpractice can be hard to navigate, our medical malpractice lawyers Suffolk County can make your situation much easier and pain-free for you. Reach out to us at Tannenbaum, Bellatone, & Silver, P.C. Medical malpractice Lawyer In Suffolk County, and see how we can help you and your family today!
What Are The Most Common Medical Malpractice Claims?
When you put your health in the hands of a medical professional, you always expect to receive the highest quality of care. While many people face no issues when in the care of a medical professional, others can suffer greatly. If you’ve been harmed due to the negligence of a healthcare professional, our team at Tannenbaum, Bellantone, & Silver P.C. will be able to help. Our medical malpractice lawyer in Suffolk County will work with you to file the medical malpractice claim needed for you to seek the justice you’re entitled to. To learn more about the common medical malpractice claims you’re able to file for, continue reading.
The number one reason for medical malpractice claims is due to misdiagnosis/delayed diagnosis. When a patient does not receive the correct diagnosis, they miss out on potential treatment options. This fact means that they can spend more time sick, and are subject to a wide array of complications. Additionally, patients could receive unnecessary treatments, also leading to issues. If you’ve been subject to a misdiagnosis/delayed diagnosis, our medical malpractice lawyer in Suffolk County can help. He’ll work to prove that your physician did not provide the standard level of care, allowing you to recoup the appropriate damages.
Those about to start a family undoubtedly deal with copious amounts of stress each day. When the time for delivery comes, you
expect the doctor to facilitate this process without issue. However, when the doctor is negligent, the fetus can be subject to injuries or the development of unfortunate complications. Examples of injuries or complications that can be sustained include:
- Cerebral palsy.
- Seizure disorders.
The mother can also be put at risk due to negligence. A failure to properly diagnose certain conditions during pregnancy can lead to complications. Mothers that need a c-section can also be put at risk if the physician does not administer this procedure properly. If you’ve been subject to medical malpractice as a result of this, our team at Tannenbaum, Bellantone, & Silver P.C. will offer the representation you need.
Anesthesia is an essential part of all invasive medical procedures. While mistakes with administering anesthesia are less common than mistakes that happen during the actual surgery, they can still take place and hinder the health of the unsuspecting. If any of the following regarding anesthesia take place during your procedure, reach out to our medical malpractice lawyer in Suffolk County right away:
- Too much anesthesia was administered.
- Vital signs were neglected.
- Anesthesiologist failed to seek out a complete family history that would point to risks when using anesthesia.
- Defective equipment was used.
Physicians are responsible to provide patients and family members with all the essential information to allow them to make informed decisions regarding their health. However, physicians sometimes fail to do this, which leaves them open to be held accountable for medical malpractice. Those who have not been informed of the potential risks or outcomes that come with certain procedures should not take it lightly, as you may have been a victim of medical malpractice.
Medical facilities are often not as disinfected as a typical patient may expect. While some patients may not have a claim if they get sick during their time spent at one of these facilities, others might. When physician negligence has led to a serious infection, it could be the basis of your medical malpractice claim.
One of the final common medical malpractice claims our medical malpractice lawyer Suffolk County would like to point out is errors with medication. Each year in the United States, between 7,000 and 9,000 pass away due to medication issues. Certain patients need medications to survive. However, this does not stop negligent physicians from putting the health of thousands at risk each year. Patients should never have to fear that what they thought was life-saving medication will cause them more harm than good. At Tannenbaum, Bellantone, & Silver P.C., we promise to keep these physicians accountable.
Tannebaum, Bellantone, & Silver P.C.
Those who believe they have been the victim of medical malpractice should look no further than the team of Tannebaum, Bellantone, & Silver P.C. Our team has over 35 years of experience and is well versed in what it takes to reach an optimal outcome in these types of cases. Don’t let a case of medical malpractice go unanswered. Contact Medical malpractice lawyer in Suffolk County today to discuss your options and take the first step in seeking out the damages you’re entitled to.
How Does A Wrongful Death Lawsuit Work?
Death is a natural part of life. Accepting that we will lose loved ones at some point in our lives helps to make the grieving process a bit easier. However, when death is caused by someone’s negligence, such as what takes place during medical malpractice, it can be hard to deal with. While our team at Tannenbaum, Bellatone, & Silver P.C. cannot bring your loved ones back, we can seek justice for their untimely demise. Our medical malpractice lawyer in Suffolk County will walk you through what takes place during a wrongful death lawsuit and if your situation calls for filing one.
When Can You File For One?
Filing a wrongful death lawsuit should not be taken lightly. These claims are serious to make and require the help of a top medical malpractice lawyer in Suffolk County to reach a favorable outcome. Examples of when a person can file for a wrongful death lawsuit include:
- If a person was intentionally killed.
- When medical malpractice leads to the death of a patient.
- Death resulting from car accidents.
Winning The Case
Just like with any other case, the plaintiff is required with providing the burden of proof that shows a wrongful death has taken place. When a wrongful death includes negligence, our medical malpractice lawyer Suffolk County will gather evidence to present to the court which proves that the defendant did not provide the standard of care to the patient that was required. Proving this breach of duty is imperative to winning your case.
When your family has been affected by a wrongful death, you may be entitled to damages. Although it won’t bring your loved one back, seeking damages can help keep you and your family financially secure during this difficult time. These damages our team can help you recoup include:
- Funeral and burial costs.
- The expected income of the deceased.
- Value of the services the deceased would have provided.
- Medical treatment costs that were incurred by the deceased as a result of the injury before death.
- Loss of inheritance.
Wrongful deaths can quickly disrupt all aspects of your life. At Tannenbaum, Bellantone, & Silver P.C., we’ve seen this situation happen before, and feel for all the victims affected by it. That is why our medical practice lawyer in Suffolk County is committed to providing the highest quality of representation for our clients. If you’re looking to file a wrongful death lawsuit, contact our team for a consultation today.