(845) 802-0047From routine checkups to life-saving operations, healthcare providers in Poughkeepsie and throughout New York State have a responsibility to provide whatever care is necessary to protect their patients’ wellbeing. Unfortunately, not every physician meets this standard of care in every situation, sometimes resulting in patients not receiving treatment that is urgently needed to prevent serious long-term harm.
If your doctor did not order the right treatment and you suffered physical harm or a severely worsened condition as a result, you should consider speaking with a Poughkeepsie failure to perform a critical procedure lawyer about legal options. With a seasoned malpractice attorney’s guidance, you could take proactive action against the person or organization responsible for the harm you experienced and hold them financially accountable for all of your ensuing damages.
How Failing to Perform a Critical Procedure Could Justify Litigation
Successful lawsuits and settlement demands based on medical malpractice generally revolve around an allegation that the defendant healthcare provider(s) failed to meet the applicable “standard of care” under the circumstances. In basic terms, the “standard of care” for a particular situation is the level of care and consideration that a reasonable doctor with equal experience and expertise would have provided under similar or identical circumstances.
Among various other duties, a reasonably competent and careful doctor should identify conditions that may require immediate surgical intervention or other urgent procedures, recommend appropriate care, and facilitate their patient receiving that care as much as reasonably possible. A failure at any stage of this process could constitute a violation of the standard of care. That could include an initial misdiagnosis of the underlying condition to a failure to recommend or perform the right procedure.
Importantly, the standard of care for physicians changes a lot from person to person and even between different locations. For example, a hectic environment like an emergency room could make it difficult for even the most considerate doctor to provide perfect treatment across multiple patients at once. In light of that, it is often worth discussing a potential claim with a Poughkeepsie failure to perform a critical procedure attorney before taking any independent action against a possibly negligent physician.
Recoverable Damages in a Successful Claim
A medical professional who fails to provide appropriate treatment, and causes harm as a result, may bear liability for any and all losses that occur as a direct consequence of their misconduct. In a typical case, this might include damages like:
- Costs of additional medical treatment made necessary by a lack of prior care
- Lost work income and/or long-term earning capacity
- Physical pain and suffering
- Emotional/psychological trauma
- Lost enjoyment of life and other impacts of permanent disability/disfigurement
As per New York Civil Practice Law & Rules § 214-A, most prospective malpractice plaintiffs have just 30 months after a doctor’s initial negligent act to file suit against them. This may be long before the full impact of a failure to perform a critical procedure in Poughkeepsie becomes clear. That is why having a seasoned lawyer’s assistance with identifying and valuating future losses can be vital to securing a fair case result.
Let a Poughkeepsie Attorney Help with a Failure to Perform a Critical Procedure Claim
Any doctor who fails to promptly identify what treatment their patient needs runs the risk of causing irreversible damage. If you suffered any kind of harm because a doctor was negligent in this way, legal action may be crucial to protecting your interest both now and for years into the future.
A knowledgeable Poughkeepsie failure to perform a critical procedure lawyer could be an irreplaceable ally during every step of a claim like this. Learn more by calling today.