(845) 303-1000Doctors and other healthcare providers take an oath to treat every patient with the highest quality of care. The standard that is acceptable within the medicine and medical field. When physicians are careless, and patients suffer harm, civil laws allow them to seek payment for their injuries—and a Troy inadequate testing malpractice lawyer could help.
Lawsuits for damages caused by a lack of adequate medical tests fall under the umbrella of medical malpractice, and the process is complex and timely. If you suffered injuries related to diagnostic errors, a hard-working surgical error attorney could help you obtain compensation and the justice you deserve.
Medical Malpractice Lawsuits
Examples of the common types of lawsuits against healthcare providers for medical diagnostic mistakes include:
- Misinterpreting test results leading to the wrong diagnosis and treatment
- Failure to order the necessary tests, resulting from straying from the accepted standard and overlooking symptoms
- Poor and improper test performance, including errors during the process, faulty equipment, lab mistakes, and incorrect procedures
- Failing to communicate the results to the patient or other healthcare providers leading to a delay in treatment or a misdiagnosis
According to studies and reports from the Agency for Healthcare Research and Quality (AHRQ), a federal government agency dedicated to improving the safety, quality, efficiency, and effectiveness of healthcare services, medical diagnostic errors often stem from inadequate testing, failure to communicate accurate results to patients, or lack of follow-up care after abnormal findings. During a consultation, a Troy inadequate testing attorney could review the details of a specific case and answer any questions about the legal process.
The Elements Necessary to Establish Liability
The injured patient must prove the existence of the specific elements of liability to prove fault and win an award for damages, and those include:
- The healthcare provider has a legal duty and responsibility to give the patient a reasonable and accepted standard of care
- They breached their duties as a certified healthcare provider by deviating from the standard or the care another provider would have given in a similar situation
- Causation, or a direct link between the injuries and losses the patient sustained or the worsening of their condition and the medical treatment they received from the defendant
- The last component of liability in medical malpractice lawsuits is damages, and the individual seeking relief must show the court they suffered losses, including medical bills, lost wages, psychological distress, and pain and suffering
After a case investigation and analysis, an inadequate testing lawyer in Troy could determine if each required element is present.
Recoverable Damages
The settlement amount and recoverable damages available to the plaintiff in medical malpractice claims depend on the case specifics. The civil court will review the case, including the doctor’s actions, the patient’s injuries, and how they will continue to affect them in the future. Some examples include payment for the cost of medical care, lost salary and benefits, and other subjective losses, such as chronic physical pain and suffering, and psychological harm, such as post-traumatic stress disorder.
Speak to a Qualified Inadequate Testing Attorney in Troy Today
Seeking medical care from a trusted medical professional that results in injuries and other damages can often be shocking and overwhelming. Everyone trusts that medical professionals have the skills and qualifications to help, not cause them harm. You must hold them responsible if you sustained injuries because of a doctor or other medical professional’s mistakes.
A claim for damages could allow you to obtain a just settlement to cover your losses while also preventing them from causing harm to others. A compassionate Troy inadequate testing malpractice lawyer has the experience and skill to protect your rights and fight for justice and a favorable outcome. Call today to schedule an appointment.