(845) 303-1000As with many medical diseases and conditions, stroke patients typically have the best outcomes when diagnosed early and given the right treatment. Physicians must follow specific protocols when treating individuals who experience a stroke. Delayed diagnosis or incorrect treatment may lead to permanent impairment or pose a serious threat to life.
Patients and families who experience this kind of medical care may feel like they have nowhere to turn and simply must live with the outcome. A Troy stroke malpractice lawyer could offer them hope in the form of legal assistance. With a skilled malpractice attorney’s help, you may be entitled to compensation for your injuries.
The Stroke Malpractice Lawsuit Process
Most plaintiffs of stroke malpractice decide to hire legal counsel to represent their legal interests in the case. After a case evaluation to determine if the case has merit and meets certain qualifications, a stroke malpractice attorney in Troy could begin to research who is responsible for the damages to the plaintiff.
The formal process of a malpractice lawsuit begins when an attorney files the complaint, as noted in New York Civil Practice Law & Rules §304. This could happen any time after the case evaluation, as soon as the next day, or even up until the statute of limitations of two years and six months is about to expire.
Discovery
After the plaintiff files the lawsuit, both sides gather evidence and investigate the facts during the discovery process. Relevant material may include medical records, insurance policies, witness statements, deposition testimony from the parties, and social media content. Each side then shares the information they uncover with the other.
Resolution
Typically, a stroke malpractice lawsuit resolves either through a mutually agreed-upon settlement or a jury trial. Several attempts at a settlement can be made before a case goes to trial. While most cases are resolved in this way, many are not.
Anatomy of a Stroke Malpractice Lawsuit
Proving a stroke malpractice case to a civil court or giving the defendant reason to settle typically involves a Troy stroke malpractice lawyer being able to prove the lawsuit has merit. To have merit, a malpractice lawsuit must have the following:
- A defendant who owed a duty of care to the patient
- A breach of duty by the defendant
- Injury to the patient caused by the breach of duty
- Damages stemming from the same injury
A lawsuit is unlikely to succeed unless the plaintiff establishes each required element. For example, when a plaintiff enters the emergency room, the attending physician assumes a duty of care based on the nature of their role. Failing to properly diagnose and treat the patient may breach that duty. If the delay in treatment results in increased medical expenses, lost income, and physical or emotional harm, the plaintiff may qualify to pursue compensation.
Get in Touch with a Troy Stroke Malpractice Attorney
Although medicine does not guarantee exact outcomes, all medical professionals must follow established standards of care. When they fail to do so, their actions may cause serious harm or death.
An experienced Troy stroke malpractice lawyer understands how the law and medicine overlap in stroke malpractice cases and could work towards getting you the compensation you deserve for your injuries and losses. To learn more about your rights and legal options after a delay in stroke treatment, contact us today.