(845) 303-1000When physicians or other medical professionals make errors because they stray from the accepted quality of treatment and medical care and cause injuries, there could be cause for legal action. That includes patients suffering harm from failing to recognize signs and execute a necessary surgery or procedure—and a Troy failure to perform a critical procedure lawyer could help.
Medical malpractice claims allow injured patients to initiate legal action and pursue payment from the doctor for their injuries and losses. Speak to a seasoned medical malpractice attorney for a free consultation.
Examples of Medical Malpractice
Lawsuits must show that the patient suffered harm because the medical provider’s treatment did not meet the accepted standard, and straying outside of the usual route of treatment caused injuries. Examples of failure to rescue leading to medical malpractice lawsuits include:
- Misinterpreting lab results or vital signs
- Failure to recognize complications and act appropriately to address them
- Omission of care, meaning they failed to treat the condition despite the symptoms or signs
- Failing to diagnose a symptom, such as signs of a heart attack, and treat the patient promptly
- Poorly communicating the patient’s deteriorating condition to other healthcare providers caused a lack of timely intervention
Failing to provide adequate medical care and services, such as carrying out a procedure, can be serious and lead to lasting harm, including long-term disabilities or death. The evidence must prove that the doctor had a professional medical provider’s duty of care, breached the duty, caused the patient’s injuries to occur, and failed to meet their obligations.
Lastly, the claim must prove the individual sustained verifiable damages, such as hospital bills, injuries, and pain and suffering. A Troy failure to perform a critical procedure attorney could review the case to determine if the needed components are present.
What Are the Recoverable Damages?
The settlement amount and type of damages the patient can obtain depends on the severity of the injuries and other case details. Some potentially recoverable damages include medical care, loss of pay, benefits, earning potential, and physical and psychological pain and suffering.
Deadline for Filing the Claim
The state requires that those seeking damages for medical malpractice act within the statute of limitations. A failing to perform a critical procedure lawyer in Troy can help ensure your case meets New York’s 2.5-year deadline from the treatment date or last treatment for the condition.
Failure To Rescue
Failure to rescue, or FTR, occurs when a medical professional causes a delay or failure to recognize and respond when symptoms or complications arise and they do not treat them promptly. According to the National Library of Medicine, FTR refers to a doctor or other health care provider or system’s inability to improve the condition or save patients after complications occur.
It does not mean they are accountable for preventing the condition, but they failed to provide the patient with adequate care in a timely manner despite the presence of signs or symptoms. A failing to perform a critical medical procedure attorney in Troy could answer questions about the rules, legal process, and possible damages after reviewing the case.
Meet With a Troy Attorney About Your Failure to Perform a Critical Procedure Case
Failure to perform or rescue means not recognizing signs, as another physician in the same or similar fields of medicine would, and promptly responding to the deteriorating condition. That may be missing symptoms of complications, delaying appropriate interventions, or misinterpreting vital signs.
The case must demonstrate that negligence occurred, that the defendant deviated from the standard of care, and that the patient sustained harm. Contact an experienced Troy failure to perform a critical procedure lawyer to review your case and explore your legal options.