When a doctor prescribes a medicine or treatment, it is assumed that the healthcare expert’s diagnosis and conclusion is correct. It is the job of a doctor, after all, to treat his patients and ensure that they recover from their ailments. Doctors, however, are not above making mistakes, and should be held liable for any mishaps caused by their neglect.
An article on the Music Times website dated September 6, 2014 discusses how Melissa Rivers, daughter of the late comedienne Joan Rivers, plans to sue the doctor who cleared her for a medical procedure that allegedly led her into full cardiac arrest. Although there is speculation that the treatment itself may have been botched (possibly from a sedative considered too strong), the cardiologist who approved of the procedure can be held responsible for the mishap. If you or a loved one is experiencing something similar to the aforementioned scenario, a well-versed NY medical malpractice lawyer can help you resolve such complicated matters and determine who should be held accountable for the mistake.
To file for a medical malpractice suit, a patient (or his relatives, guardians, etc.) must prove that he has a duty owed to by the plaintiff, that a breach of that duty occurred, and that because of the breach, an injury resulted. Notably, a medical malpractice suit will not hold if the patient did not suffer from any harm, even if the healthcare provider responsible gave a wrong diagnosis. Even if a plaintiff has enough proof to establish all three, medical malpractice claims are not to be faced alone due to their complexity.
Anyone looking to file a medical malpractice suit should seek the expertise of skilled Long Island medical malpractice lawyers, such as those from The Law Offices of Joseph Lichtenstein. Doctors facing a malpractice claim often enlist their own attorneys to protect their interests, so it would be best for plaintiffs to meet the defendants on equal footing. When approaching a malpractice lawyer, plaintiffs should bring all treatment records, medical bills, written prescriptions, and other medical forms that can be used as evidence. Building a solid case can improve a plaintiff’s chances in court.
(Source: Melissa Rivers Already Contemplating Medical Malpractice Suit After Confirming That Joan Rivers Had Been Cleared For Endoscopic Procedure By Her Cardiologist, MusicTimes.com)