(845) 802-0047If you are suffering from an illness, it is essential that you work with a competent medical team that takes your condition seriously and understands what to do. If your doctor fails to perform the correct medical procedures on time, your health could worsen significantly.
If you believe that you or one of your loved ones became sicker due to a physician’s mistakes, you should consult with a Newburgh failure to perform a critical procedure lawyer. Contact our office to speak with a dedicated medical malpractice attorney today to begin reviewing your situation.
When Can a Patient File a Malpractice Suit?
Not every adverse medical outcome or bad experience is malpractice. Sadly, even the best medical treatment cannot protect everybody. Just because someone becomes more ill does not automatically give them the legal grounds to pursue a malpractice claim against their doctor. Under New York law, patients and their families can only seek damages in cases where they can prove the elements of medical malpractice.
Seasoned Newburgh attorneys have helped families determine whether proceeding with a legal claim is in their best interests after a physician fails to perform a necessary procedure.
Establishing Liability After a Medical Failure
Having a successful result in a claim for compensation relies on being able to establish liability on behalf of the negligent medical practitioner. To do this, the elements of malpractice must be present.
Duty of Care
An injured patient needs to show that there was a doctor-patient relationship. If the physician was treating them, that physician had a duty of care to act responsibly and care for them in the same reasonable way that any other doctor would.
Breach of Duty
Like everybody else, sometimes doctors and other healthcare professionals make mistakes. It is not sufficient that a doctor made a mistake. To be malpractice, the error must rise to the level of medical negligence. A physician who commits malpractice deviates from their duty of care. Because most healthcare workers will not readily admit to making a mistake, it is critical to work with a knowledgeable attorney who could help prove that the physician acted negligently.
An experienced Newburgh attorney could meet with healthcare experts and review the medical records to determine if a reasonable doctor would have performed the necessary procedure the doctor in question failed to complete.
Direct Causation
Establishing that there was a failure to act is not sufficient to establish malpractice on its own. The medical practitioner’s error has to cause specific damages, harm, or injury to the patient. For instance, if a physician did not recognize the symptoms of an illness or disease, they might not have performed a critical surgical procedure. Not having this surgery might have worsened the patient’s condition, causing other illnesses, injuries, or even wrongful death.
Contact a Newburgh Attorney for Help When a Doctor Fails to Perform a Critical Procedure
When a doctor does not perform surgery or other medical procedures on time, patients could become more ill or even lose their lives. If you believe that your physician acted inappropriately or negligently, you might be eligible to collect damages for some of your losses.
A qualified Newburgh failure to perform a critical procedure lawyer could investigate what happened and help you pursue justice. Contact the firm today to schedule a consultation.