When you or a loved one experiences a stroke, you are often left with substantial medical bills and other expenses. You may also feel the need to hold the doctors and healthcare providers accountable. If you believe you or your loved one did not receive appropriate care, a Suffolk County stroke medical malpractice lawyer could help you determine whether you have a legal case.
Medical malpractice cases are complicated. Working with an attorney can help you navigate the legal process and achieve the best possible results.
A poor outcome after a stroke does not always mean there was malpractice. To determine whether the doctors and other healthcare providers acted appropriately, the court will consider the patient’s treatment compared with what another provider in a similar situation would consider reasonable. The standards and expectations can vary based on the doctor’s specialty. For example, a neurologist might be expected to recognize subtle signs of a stroke that a general practitioner might not identify.
Strokes are usually caused by either a blood clot or bleeding in the brain. In either case, an accurate diagnosis and quick treatment can make a major difference in the outcome. For this reason, failing to diagnose a stroke or failing to respond quickly enough are common reasons for malpractice in a stroke case.
For example, when strokes are caused by blood clots, medication to break up the clot needs to be given within a few hours. Discharging a patient without administering the proper medication or without further evaluation could be malpractice. If a patient had underlying risk factors for stroke like high blood pressure, high cholesterol, or diabetes, a doctor who did not address these appropriately could also have committed malpractice. An attorney in Suffolk County could pinpoint potential acts of malpractice after a stroke and work to secure compensation.
The damages awarded in a stroke medical malpractice case in Suffolk County often include both economic and non-economic compensation. Economic damages reimburse specific expenses like hospital bills and lost income. They can also cover estimated future and ongoing expenses such as physical therapy or home health care services. Non-economic damages provide compensation for intangible losses like pain and suffering or a reduced quality of life.
State law does not limit the amount of damages a person can receive in a medical malpractice lawsuit. However, New York Judiciary Law § 474-A does set a cap on the fees an attorney can charge. Most medical malpractice lawyers are paid on contingency, which means they receive a percentage of the damages after the case is won or settled. In New York, there are sliding scale limits on what this percentage can be. Attorneys can receive up to 30 percent of the first $250,000. The percentage decreases as more damages are awarded. This law can give patients a better idea of what to expect to pay a stroke malpractice lawyer in Suffolk County.
Navigating the aftermath of a stroke can be overwhelming, especially if you believe you or your loved one was a victim of medical negligence. A Suffolk County stroke medical malpractice lawyer could review your situation to determine if there is a valid legal claim and help you choose the best way to move forward. Schedule a consultation with Duffy & Duffy today.
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