Medical malpractice cases are some of the most difficult types of
personal injury cases. They require a thorough understanding of not just the law, but also the
medicine and how it can be applied to the law. The standard of care of
medicine can only be addressed by medical experts—others educated
and trained in medicine. These types of cases are very complex and have
many moving components.
But sometimes the hardest part of a
medical malpractice claim is recognizing whether or not you have been a victim of a health care
provider’s negligence. This is tricky because medical professionals
cannot guarantee an outcome. This is also tricky because you are not a
medical professional and you are unable to gauged whether a health care
provider took the proper steps in your treatment.
Although there are some signs that you may have been the victim of medical
malpractice. First, if your condition does not improve or actually worsens,
that may be a sign of medical malpractice. Providers are supposed to health
and repair your injuries and, when they fail to do so, it may be an indication
there is something wrong with the treatment you received—especially
if you conditions gets worse.
common sign of medical malpractice is when the physician, nurses, and other staff stop talking to you and
checking in on you. This may be a sign that something went wrong and they
do not want to open the discussion up to the mistake. It could also mean
that the providers do not want to bring attention to a mistake which occurred
either by discussing options. Further, it could mean that the providers
simply do not know how to explain their conduct to you.
In addition, if you are suddenly referred to another provider without any
advanced warning, this could be a sign that something has gone wrong and
the provider is look for help. This could also mean that the error is
serious and requires a special skill-set to fix.
If you suspect you have been the
victim of medical malpractice, you should take certain steps to protect your rights. The first is to
seek a second opinion or referral from a physician not associated with
the physician which may have caused malpractice. This means going to a
different practice group.
Another step to take to protect your rights is to obtain a copy of your
medical records. This includes your admission, discharge, treatment notes,
x-rays or imaging studies, technician reports, laboratory tests and their
associated results, and any prescriptions. This not only prevents anyone
from tampering with your documents, but this also allows you to collect
all of the information and review it for yourself to see if there are
any notations of mistakes made.
Next, keep a journal of the incident, how you are doing, what you are feeling,
and rate your pain. Keep as detailed of a journal as you can—the
more the better. This will help establish and record your claim. Make
sure to also record events in your life to help create a benchmark for
when your treatment occurred relative to other events going on in your life.
Finally, contact an
experienced Newburgh medical malpractice attorney as soon as you can. As aforementioned, medical malpractice cases are very
complex and require both legal and medical aptitude to be successful.
Working with an experienced medical malpractice attorney will ensure your
rights are adequately protected.
Learn how to choose a personal injury attorney in
our latest article available by clicking here. Read how to protect your rights after a slip and fall accident and what
steps to take to preserve your claim in
our blog post available here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.