When your health deteriorates because of a botched operation or any medical-related circumstance, you have the right to go after the medical practitioner(s) responsible for your complications. That being said, it also helps to be well-informed before filing a medical malpractice lawsuit.
Finding Evidence Medical Negligence
First of all, you need to prove that your health was adversely affected due to a lack of precautionary measures on the part of your physician. As noted on EnlightenMe:
If your doctor didn’t diagnose your heart condition and then you had a heart attack, you can only recover damages in court if your heart attack wouldn’t have happened had the doctor acted properly. If you can’t prove that your damages would have been less had the doctor behaved properly, you may have a difficult time recovering.
When preparing your claim, negligence is the second thing medical malpractice attorneys in NYC—such as someone from the Law Offices of Joseph Lichtenstein—would want to look for before the case is presented to court. For instance, there must be sufficient proof that your doctor misdiagnosed your condition and subsequently prescribed the wrong medication or treatment. Failure to get your informed consent is another grounds for a medical malpractice claim:
When you undergo a medical treatment, your doctor is required to obtain informed consent. The consent must be truly informed, which means he must have explained the procedure, any potential risks or side effects, and your other options. If your doctor didn’t obtain informed consent, you may be entitled to legal damages.
Getting a Second Opinion
After gathering the necessary evidence, an experienced medical malpractice attorney in NYC—like someone from the Law Offices of Joseph Lichtenstein—will inquire with other certified medical practitioners who are well-versed in the procedure in question to determine whether the treatment would have helped remedy your condition. The testimonies from these practitioners can help establish whether your doctor is indeed at fault.
You’ve only got one life, so you naturally want to make the most out of it. In case you suffer a complication at the hands of a doctor in whom you placed your full trust, you have a right to seek reparations with the help of a medical malpractice attorney.
(Source: Top 10 Tips About Suing Your Doctor For Medical Malpractice, enlightenme.com)