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Given our culture, we are often loath to consider whether a medical professional caused us greater harm. However, the sad reality is that medical malpractice occurs everyday -- and only a limited number of those affected by that malpractice ever do anything about it. There are a number of reasons why people may fail to act, including feelings of guilt associated with getting a doctor in trouble or feelings of friendship developed with a doctor. Still others are too nervous or frightened to become involved in the civil justice system.
Whatever the reason, two things remain clear: 1) acts of malpractice unfortunately do occur in the diagnosis and treatment of many conditions; and 2) it is okay to do something about it. In fact, bringing a medical malpractice issue to light provides a benefit for other individuals -- only when a negligent doctor is held accountable can others be warned of the actions of negligent doctors and the proper standards of care which should be applied to all patients.
How do you know if you have been a victim of medical malpractice? Before making any decisions concerning a lawsuit, the following issues should be considered:
- WHAT STAGE IS MY DISEASE? In order to successfully prosecute a lawsuit for medical malpractice, there must be a demonstrable injury upon which recovery may be based. In order to prove this element, it must be established that the patient is in worse condition today than he/she would have been had the diagnosis been made in a timely fashion.
- WHAT WERE MY COMPLAINTS? All complaints to physicians must be taken seriously. If you made complaints to your doctor concerning your symptoms over a period of time without a diagnosis, you should investigate whether malpractice occurred.
- WHAT WAS DONE FOR ME? In great part, cases of malpractice involve physicians who have failed to heed the complaints of their patients. Whether the complaints involve a lump (in cancer cases) or any other concern, if your physician did not listen to your complaint, did not take your complaint seriously or offered only words of discouragement, there is a potential that malpractice occurred.
- HOW QUICKLY MUST I ACT? If you suspect medical malpractice has occurred in the diagnosis and/or treatment of a condition, there is important legal information that you need to know in order to protect your rights. According to current New York State law, a medical malpractice action must be started within a prescribed period of time. This limitations period begins to run even if you are unaware or do not suspect that malpractice occurred. Consequently, acting quickly is the only way to insure that your rights will be protected.
For a no-charge consultation, please call (516) 394-4200. |
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