(845) 802-0047Contrary to less severe medical events like an acute illness or a laceration, a stroke requires prompt and specific action to increase a patient’s chances of a positive outcome. If you go to the doctor or emergency room with possible stroke symptoms, it is the duty of the physician to treat you according to the current and relevant standards of care.
Failing to do so can result in serious injury, long-lasting consequences, and even death. If this situation is one which you recently experienced, a well-versed Schenectady stroke malpractice lawyer is available to help. Speak with a hard-working malpractice attorney to begin building your injury claim.
What is Stroke Malpractice?
When a patient suffers injury due to the omission or negligent act of a doctor or another healthcare professional, malpractice may have occurred. Malpractice could include errors in diagnosis, treatment, aftercare, or even health management. However, certain prerequisite elements must exist in the situation for medical malpractice to occur.
Breach of Duty
Certain medical standards define unacceptable medical care. Typically, these standards affirm that doctors must act in a way that other reasonably prudent health care professionals under similar circumstances would act. If a doctor violates the standard of care, it may serve as evidence of legal negligence.
Injury
A breach of duty must also directly cause injury for a malpractice case to have merit. A stroke malpractice lawyer in Schenectady could work to prove that a plaintiff suffered an injury that would have otherwise not occurred in the absence of their physician’s negligence.
Compensable Damages
While any injury and damages due to the negligence of a physician should not have occurred, the plaintiff must sustain civilly recoverable damages for a stroke malpractice case to be viable. Specifically, a plaintiff or their lawyer must prove that the damages arose directly from the injuries caused by the physician’s negligence. If the damages are not significant, the cost of litigation might be more than what the plaintiff could recover.
How Does the Process of a Schenectady Stroke Malpractice Case Work?
Stroke malpractice plaintiffs should anticipate that their case will last a minimum of one to two years. Even if a plaintiff hires a Schenectady attorney familiar with stroke malpractice cases, it may take several months until their legal representative is prepared to file on their behalf.
The formal process of their lawsuit begins when the lawsuit is filed, as per New York Civil Practice Law & Rules §304. Once the attorney files the lawsuit, the defendants in the case would be notified and given time to respond.
If the defendant contests the claim against them, both sides would begin the discovery process portion of the case and share information and evidence they have gathered. This information should help identify the important parts of the case and may assist either or both sides in determining if they should attempt to settle the case before going to court.
If an agreeable settlement cannot be reached before the case is set for trial, each side would present their case to the court. The court would then determine if the plaintiff suffered compensable damages and who—if anyone—is liable for them.
Consult with a Schenectady Stroke Malpractice Attorney
You should not have to suffer for the negligence of those who you trusted to provide considerate medical care. While a lawsuit cannot negate what has taken place, receiving compensation for your damages could help make you as close to whole again as possible after all that you have endured. To find out what your case might be worth, speak with a Schenectady stroke malpractice lawyer today.