Long Island Failure to Operate Malpractice Cases

When surgery is required to resolve medical issues or complications, you need to feel confident that your doctor will recommend and/or perform that surgery so you can begin the healing process and move forward with your life. If your medical provider fails to schedule the required surgery, it can lead to immense complications. A medical malpractice attorney could help you move forward with a claim for your losses.

Common Failure to Operate Scenarios

A patient in Long Island might need to file a failure to operate claim against their doctor after several scenarios, including:

• The doctor delays a surgery that the patient needs, despite no clear reason for the delay
• The doctor fails to recommend or perform a necessary surgery
• The doctor fails to communicate with the patient about their need for surgery and the potential risks of failing to go forward with the procedure

All these scenarios can result in immense challenges for the patient, including worsening symptoms of the original condition. In some cases, it can result in patient death.

Establishing Grounds for a Failure to Operate Claim

Failure to operate malpractice cases can be difficult, as Long Island doctors and their medical malpractice insurance companies fight to reduce liability for those incidents. A lawyer can help injured patients show the key elements of a malpractice claim.

Doctor/Patient Relationship

Showing an established doctor/patient relationship is the start of a successful failure to operate malpractice case. In order to show that a medical provider committed malpractice, a lawyer starts by showing the doctor treated the patient and that the patient had the right to expect the provider to take care of their medical needs.

Standard of Care

Medical professionals must provide care for their patients that conforms with certain standards of medical care, including recommending surgery when needed and taking care of any necessary surgical procedures. A lawyer could bring in medical experts who can testify about the standard of care for any given condition.

Deviation from the Standard of Care

The deviation from the standard of care is one of the most critical parts of a medical malpractice claim. If a medical care provider does not follow the standard of care for the operation or procedure the patient needs, this deviation from said standard can cause substantial challenges for the patient.

Damages

As part of the claim process, the patient must show they suffered damages due to the medical provider's negligence. Common damages in medical malpractice cases include:

• Increased medical expenses because of the failure to operate or delayed surgery
• Lost income due to complications related to the medical condition
• The patient's suffering

Patients who suffer harm due to a provider’s failure to operate could pursue compensation for those damages with the help of a lawyer.

Contact an Attorney in Long Island to Discuss Failure to Operate Malpractice Cases

Long Island failure to operate malpractice cases can leave you feeling traumatized and struggling to figure out your next steps. At Duffy & Duffy, PLLC, we seek justice for our clients, including compensation for the many damages that can accompany a medical provider's negligence. Contact us today for a free consultation that will help you learn more about your rights following medical malpractice.