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(516) 394-4200
A stroke can happen suddenly and cause permanent damage or death. When you or a loved one suffers a stroke, you are likely dealing with major medical bills on top of the grief, pain, or change in abilities you are experiencing. If medical malpractice was a factor in the stroke’s outcome, you may be able to receive compensation. A Uniondale stroke medical malpractice lawyer can help you determine whether you have a legal case. Because medical malpractice claims are complex, working with a seasoned attorney is essential for getting the best result possible.
For a successful stroke medical malpractice claim, the injured person and their attorney need to prove three key elements. That they had a provider-patient relationship with the doctor, that the doctor failed to meet the appropriate standard of care, and that failure directly caused the injury. Providers are not limited to just doctors. They can include anyone involved in the patient’s care, such as nurses, pharmacists, and the hospital or facility itself. Establishing a patient-provider relationship is generally straightforward. If the provider treated the patient, they had a duty of care.
When there is potential malpractice, the court compares the healthcare provider’s actions and treatment decisions to what another provider in a similar setting with similar training would provide. For example, timely diagnosis and treatment are often key factors in how well a person recovers from a stroke. If a person is showing stroke symptoms that a provider in charge of triage should recognize, the provider could commit malpractice if they do not list the patient as a high priority.
Finally, the doctor’s mistake or negligence needs to have caused an actual injury. Simply increasing the risk of complications is not enough for a malpractice lawsuit. For example, if an emergency room doctor takes longer than they should have to diagnose and treat a stroke, but the patient still recovers fully without any lasting damage, the patient would not have a case.
While medical malpractice cases are usually focused on the provider’s behavior, the patient’s actions could become a factor as well. If the patient did anything that worsened their outcome, the provider’s attorney will probably bring it up. For example, if a patient’s doctor advises that they take a medication to lower their risk of stroke and the patient does not take the medication, the patient might have some legal responsibility if they later have a stroke and experience malpractice. This could also happen if the person ignores their stroke symptoms or waits a long time to seek care.
If this does happen, state law allows the patient to receive compensation. However, the patient’s compensation may be reduced based on their level of responsibility. For example, if a patient was considered 20 percent responsible, they would receive 80 percent of the damages they were awarded. An attorney in Uniondale could ensure a person gets the compensation they deserve from a stroke malpractice claim.
Filing a medical malpractice claim can be overwhelming, especially while dealing with the aftermath of a stroke. A Uniondale stroke medical malpractice lawyer could help you understand your options and guide you through the legal process. Schedule a free consultation with Duffy & Duffy today.
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.
