Do I Have A Medical Malpractice Case?

If you’ve been treating a doctor that’s caused you more harm than good, you may have a case against that doctor for medical malpractice. The law in New York allows people that are injured by the negligence, recklessness or intentional acts of a health care professional to sue for the damages they’ve incurred as a result. Unfortunately, many cases where people are injured by poor care don’t meet all of the necessary requirements for a successful medical malpractice case due to the costs of litigation being more than what’s likely to be collected. The best Queens medical malpractice attorneys will handle your case on a contingency fee, so you don’t have to lay out money to pay any attorney fees until the case is settled or tried. This is why it’s only possible to take cases that are very solid. Wittenstein & Wittenstein offers a free consultation to determine whether you have an actionable medical malpractice case. Call 718-261-8114 for a free consultation.

Proving Liability For A Medical Malpractice Case

Medical procedures have risks, so a poor result doesn’t necessarily mean that the doctor made a mistake. This is also why people are sometimes told that they are not candidates for a procedure such as a heart operation. When a doctor tells you this, they are saying that there is more of a chance that you will have a stroke or some other complication than be helped by the operation. If you are a candidate for a procedure, it means that there is a greater chance you’ll be helped, but you still have to sign off on the many known risks associated with the procedure such as infection, stroke, allergies and other adverse reactions. Doctors are required to perform at the minimum level that’s expected using recognized procedures, so it may not be considered negligence if the procedure is not completely successful or has some small adverse consequences.

Reviewing the Medical Records

If it seems like there may be medical malpractice, an experienced Queens medical malpractice attorney will have the records reviewed by a doctor or nurse practitioner that specializes in the type of medicine where the malpractice is being alleged. This review will reveal whether the adverse consequences suffered by the patient were an identified risk for the procedure, even if it’s performed perfected or whether it was a mistake that caused the injury. This can be done for an alleged botched surgery, and also for other types of medical malpractice such as failure to diagnose a condition, usually cancer. The x-rays or other scans can be reviewed to determine whether the doctor should have diagnosed the cancer from those testing results. For failure to diagnose, it’s also important to determine whether getting the findings sooner would have changed the results. If the cancer was not treatable, finding it a month earlier would make no difference.

Queens Medical Malpractice Attorney

If you believe that a health care practitioner has harmed you by making a mistake, it’s important to discuss this claim with an experienced Queens Medical Malpractice Attorney. Call 718-261-8114 to schedule a free consultation.