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Medical professionals have a standard of care and an obligation to act according to customary medical standards. If they fail to meet the applicable standards and a patient is harmed, a malpractice claim can be filed. However, navigating the legal system for a malpractice claim can be daunting, with deadlines to meet and documentation to acquire.
Relying on an experienced law firm such as Duffy & Duffy can reduce stress during this difficult time. Having served New York for over 20 years, Duffy & Duffy’s skilled attorneys have litigated many Long Island failure to warn medical malpractice cases.
Most medical treatments come with some degree of risk. Understanding the potential risks before treatment allows the patient to make an informed decision on whether to proceed with the recommended treatment. If a medical professional neglects to provide the information, they may be liable for the resulting harm. Failure to disclose all known medical risks and alternatives is also known as a lack of informed consent.
To prove a claim of a lack of informed consent, the patient must demonstrate the following:
Supporting documentation is essential; however, acquiring the needed records can be challenging. Their experience with failure-to-warn medical malpractice cases in Long Island helps Duffy & Duffy request and receive information promptly.
Building a solid failure to warn case requires open communication between a client and a Long Island malpractice attorney. It also requires the following:
Records provide information on medical conditions that require treatment and may contain the reasoning behind the recommended course of treatment. However, the medical professionals’ attorneys may request prior medical history to establish that the harm came from a previous medical condition and not negligent disclosure.
Medical malpractice cases can take years to move through the legal system. To ensure that no details are forgotten, you should record the dates of service, the name of the treating physician or healthcare provider, the diagnosis, and what was discussed. Notes on expenses and side effects will help during depositions, as will keeping a clear chronological record of events.
If the resulting injury made work impossible, record the time out of work and keep copies of W-2s or 1099s from prior years. This information can help calculate what monetary damages should be included in a malpractice claim or lawsuit. Copies of attendance records from an employer can substantiate your claim of lost wages.
Witnesses can be vital to proving negligent nondisclosure. If another healthcare provider or a relative was present when treatment options were discussed, getting them to make a written statement can support a claim of failure to warn. Writing down who was present at which times can help a lawyer identify who to subpoena or dispose.
If you have suffered harm because you were not adequately informed of potential risks associated with treatment, surgery, or alternative to the recommended surgery, you have two and a half years from the date of the misconduct to file a malpractice claim. Because of the time involved in acquiring and reviewing medical records, the sooner you contact a medical malpractice lawyer, the sooner they can evaluate your claim.
Contact Duffy & Duffy to schedule a case review. Our lawyers will review your Long Island failure to warn medical malpractice case and outline the next steps.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
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.
