When surgery is required to resolve medical issues or complications, you need to feel confident that your doctor will recommend and/or perform that surgery so you can begin the healing process and move forward with your life. If your medical provider fails to schedule the required surgery, it can lead to immense complications. A medical malpractice attorney could help you move forward with a claim for your losses.
A patient in Long Island might need to file a failure to operate claim against their doctor after several scenarios, including:
All these scenarios can result in immense challenges for the patient, including worsening symptoms of the original condition. In some cases, it can result in patient death.
Failure to operate malpractice cases can be difficult, as Long Island doctors and their medical malpractice insurance companies fight to reduce liability for those incidents. A lawyer can help injured patients show the key elements of a malpractice claim.
Showing an established doctor/patient relationship is the start of a successful failure to operate malpractice case. In order to show that a medical provider committed malpractice, a lawyer starts by showing the doctor treated the patient and that the patient had the right to expect the provider to take care of their medical needs.
Medical professionals must provide care for their patients that conforms with certain standards of medical care, including recommending surgery when needed and taking care of any necessary surgical procedures. A lawyer could bring in medical experts who can testify about the standard of care for any given condition.
The deviation from the standard of care is one of the most critical parts of a medical malpractice claim. If a medical care provider does not follow the standard of care for the operation or procedure the patient needs, this deviation from said standard can cause substantial challenges for the patient.
As part of the claim process, the patient must show they suffered damages due to the medical provider’s negligence. Common damages in medical malpractice cases include:
Patients who suffer harm due to a provider’s failure to operate could pursue compensation for those damages with the help of a lawyer.
Long Island failure to operate malpractice cases can leave you feeling traumatized and struggling to figure out your next steps. At Duffy & Duffy, PLLC, we seek justice for our clients, including compensation for the many damages that can accompany a medical provider’s negligence. Contact us today for a free consultation that will help you learn more about your rights following medical malpractice.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.