In the course of their work, doctors and other medical professionals are expected to think quickly and logically while under pressure. Furthermore, their education and experience should prepare them to perform critical procedures—such as emergency surgeries, CPR, and intubation—when necessary.
If these are not done promptly, a patient in need of treatment might suffer severe or even fatal injuries. If you or a loved one was injured after a medical professional failed to act quickly, you might benefit from consulting with a Kingston failure to perform a critical procedure lawyer.
When your injuries or worsened condition could have been avoided, you might be able to file a claim to recover lost wages, medical bills, and other associated costs from an at-fault doctor. By working with a hard-working medical malpractice attorney, you could help you to gather evidence and seek compensation for your losses.
The Process for Filing a Case in Kingston
Under New York Civil Practice Law & Rules §304, the formal process of a lawsuit begins when a complaint and summons is filed. However, if a person wishes to take legal action against a medical professional who failed to perform a necessary procedure, it might be essential to hire a well-versed Kingston lawyer for help with each step.
After a summons is filed, a defendant has 30 days to respond. Often, this results in a denial of any wrong-doing, causing the case to move into the discovery phase. During this phase, information is gathered and shared between each legal team.
The sharing and gathering of this information could be done with depositions of witnesses, the plaintiff, and the defendants in the case. Here, pertinent medical records and other evidence can also be gathered, which might determine whether or not a case will settle or go to trial.
Seeking Compensation Before Trial for a Failure to Perform a Procedure
During the course of litigation, some cases might end up settling before their trial date arrives. A failure to perform a critical procedure lawyer in Kingston could work to negotiate a case and determine if a fair settlement is possible before the case goes to a jury.
In certain cases, a defendant might prefer to settle over going to court—sometimes, a settlement is less risky and could give a defendant more control over what they pay to the injured plaintiff.
This process also resolves the case quicker and costs less to litigate. It should be noted that determining a fair amount of compensation is often difficult, especially when defendants or their insurance try to settle for far less than a case is worth. Having an experienced legal professional might prove beneficial for a claimant seeking proper and fair recovery for their losses.
Turn to a Kingston Failure to Perform a Critical Procedure Attorney
As a patient, you are owed you a duty of care by any doctor who provides care. Therefore, when this duty is neglected, you might be able to pursue compensation.
By working with a Kingston failure to perform a critical procedure lawyer, you might have help in gathering evidence and working to hold a liable doctor accountable. To discuss your case further, reach out to a compassionate attorney today.