Doctors have to spend almost a decade in school, and then three or more additional years of hands-on supervised practice before they receive their license. They must recall and understand the protocols and procedures to diagnose and treat everyone who comes into their office, ensuring they provide a high standard of care. This is key to preventing their patients from suffering further injury or illness, or even passing away.
If you believe you were the victim of a medical malpractice incident in Bayport, NY, you need the attorneys from Gacovino, Lake & Associates, P.C. on your side. Call us today at 631-600-0000 to schedule a time to discuss your situation and receive a free case evaluation from one of our Long Island medical malpractice lawyers.
Do I Have a Viable Medical Malpractice Claim?
Doctors, like everyone else, make mistakes. However, there are very specific protocols they need to follow to prevent these mistakes from causing serious injury. If they deviate from the proper protocols or otherwise behave in a negligent manner, they may face a medical malpractice claim. Hospitals, clinics, practitioners, and other care providers carry malpractice insurance that may payout if it can be proved your doctor failed to provide an adequate standard of care and this caused additional injuries. Determining if you have a valid claim, however, is more difficult than it may seem.
Malpractice occurs when a doctor or other care provider does not uphold the standard of care required, and the patient gets injured. Injuries may range from minor, to permanent and life-altering. Medical malpractice can also lead to death. Determining the proper standard of care, though, is certainly beyond the ability of most people. We have handled many medical malpractice cases and can often provide an educated opinion on the case. However, even we call in another doctor to consult on these cases. This is the easiest way to determine if an incident in question constitutes malpractice.
Medical malpractice can occur during triage, diagnosis, treatment, rehabilitation, in the pharmacy or another area of the hospital. It is not always obvious, and you may not even notice it until it causes you harm. Some of the most common ways malpractice occurs include:
- Communication errorsbetween doctors and patients, doctors and staff, or others
- Failure to follow proper protocols and procedures
- Failure to diagnose a conditionmost doctors recognize
- Medication mishaps, including the wrong medication, wrong dose, or other issues
- Failure to adequately warn the patient of risks
How Can We Prove Long Island Medical Malpractice Caused My Injuries?
Proving medical malpractice is difficult because it is hard to determine whether or not your doctor’s care fell below the accepted standard of care. This is why New York law asks us to provide a certificate of merit from a doctor with similar training and experience. This doctor can assess your condition and testify to the proper standard of care that should have been given. We have a vast network of well-trained and highly experienced medical practitioners who can help us on these cases.
How Does the Bayport Medical Malpractice Claims Process Work?
As soon as you enlist our help, we go to work collecting any available evidence and building a strong case to show your doctor committed medical malpractice. This includes proof of your damages, as well. We may ask you to provide copies of your medical bills, receipts for any related out-of-pocket expenditures, and documentation of your missed work days and lost wages. We also sometimes ask our clients to keep a journal documenting their pain and suffering. This helps us prove noneconomic losses.
Once we have enough to support a viable medical malpractice claim, we notify your doctor’s medical malpractice insurance company of our claim. Within 90 days, we need to provide them with the name of the expert witness who will sign a certificate of merit our behalf. When possible, we contact this doctor well in advance of this deadline, giving them the opportunity to fully investigate your case and identify any mis-steps made by your practitioner. Only then do we ask them to complete the certificate of merit for your case.
When we notify them of our claim, the insurance company’s, or hospital’s legal team will often launch their own investigation. In many cases, they uncover the same issues our expert witness saw, and offer compensation in an attempt to avoid court. Sometimes, this leads to a satisfactory settlement based on your damages. Other times, especially when they deny the malpractice occurred, a heated settlement negotiation begins, and we have to fight for a fair settlement on your behalf.
If they refuse to offer a settlement that covers your losses, we can take your case to court. Filing a medical malpractice lawsuit lets us ask a judge to award damages that will pay your medical bills, cover lost wages, and compensation you for the rest of your losses.
How Can I Discuss My Case with a Medical Malpractice Lawyer in Bayport, Long Island?
At Gacovino, Lake & Associates, P.C., our medical malpractice team can offer a free case review, explain your options for compensation, and represent you in your New York malpractice claim. Call us today at 631-600-000 to make an appointment to talk about your case with one of our medical malpractice attorneys. We handle all cases on a contingency basis, so you pay nothing unless we recover compensation for you.
