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When receiving treatment for an illness, injury, or disease, there’s no guarantee of a full recovery. While some treatments may not work due to inevitable circumstances, it can be the health care provider who is at fault. Fortunately, they can be held accountable via a medical malpractice claim. If you’re thinking about filing one, here’s what you need to know. 

What Are the Common Types of Medical Malpractice?

Errors in Diagnosis

The doctor may fail to diagnose the condition, misdiagnose it, or take too long to correctly diagnose it. In any of these situations, the patient must be able to show that a different doctor would have correctly diagnosed the condition and that the correct diagnosis would have led to a better outcome for the patient.

Errors in Treatment

medical malpracticeMany people are familiar with these types of errors, as there have been many TV shows in which a surgeon botched a surgery or mixed up a patient’s medications. While real-life situations may not be as conspicuous as the plots on television, those are the types of errors that fall under this category. By administering the wrong treatment, or making a surgical error, a doctor may inhibit the patient’s ability to recover or cause the condition to worsen.

Failing to Provide Adequate Information

Finally, this type of claim can be filed by a patient when the doctor failed to disclose the risks and side effects of a proposed treatment. While doctors aren’t required to list all possible side effects, they are required to make their patients aware of the most probable risks associated with the treatment.

How Do You Start the Claim Filing Process? 

Talk to Your Caregiver

Before you contact an attorney, talk to your doctor. Express your concerns and offer them a chance to respond. They may offer to remedy the problem for free or at a discounted rate.

Contact an Attorney

If your doctor says they’re unable to correct the problem, you may need to take legal action. Your lawyer will know how to take the proper steps and will ensure you file your claim within the statute of limitations. They may advise you to report the incident to the local licensing board, as they will launch their own inquiry. You may also be asked to undergo an exam from another physician so your claims can be substantiated.

 

If you believe you have been the victim of medical malpractice in Orange or Rockland counties, NY, Neimark & Neimark will help you pursue your claim. They recognize that victims of personal injury cases often need to contact an attorney outside of normal business hours, so they answer calls any time of the day or night. To learn more about their friendly and skilled legal team, visit their website. To arrange an initial consultation, call (888) 725-7424.

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