Long Island Failure to Warn Medical Malpractice Cases

Medical professionals have a standard of care and an obligation to act according to customary medical standards. If they fail to meet the applicable standards and a patient is harmed, a malpractice claim can be filed. However, navigating the legal system for a malpractice claim can be daunting, with deadlines to meet and documentation to acquire.

Relying on an experienced law firm such as Duffy & Duffy can reduce stress during this difficult time. Having served New York for over 20 years, Duffy & Duffy's skilled attorneys have litigated many Long Island failure to warn medical malpractice cases.

What is Failure to Warn Medical Malpractice?

Most medical treatments come with some degree of risk. Understanding the potential risks before treatment allows the patient to make an informed decision on whether to proceed with the recommended treatment. If a medical professional neglects to provide the information, they may be liable for the resulting harm. Failure to disclose all known medical risks and alternatives is also known as a lack of informed consent.

To prove a claim of a lack of informed consent, the patient must demonstrate the following:

• Treatment or surgery was performed without the patient's informed consent
• The patient would not have agreed to the procedure if the risks were known
• The patient was harmed because of unauthorized treatment

Supporting documentation is essential; however, acquiring the needed records can be challenging. Their experience with failure-to-warn medical malpractice cases in Long Island helps Duffy & Duffy request and receive information promptly.

What Information is Needed to File a Failure to Warn Claim?

Building a solid failure to warn case requires open communication between a client and a Long Island malpractice attorney. It also requires the following:

Medical Records

Records provide information on medical conditions that require treatment and may contain the reasoning behind the recommended course of treatment. However, the medical professionals' attorneys may request prior medical history to establish that the harm came from a previous medical condition and not negligent disclosure.

Accurate Documentation

Medical malpractice cases can take years to move through the legal system. To ensure that no details are forgotten, you should record the dates of service, the name of the treating physician or healthcare provider, the diagnosis, and what was discussed. Notes on expenses and side effects will help during depositions, as will keeping a clear chronological record of events.

Lost Wages

If the resulting injury made work impossible, record the time out of work and keep copies of W-2s or 1099s from prior years. This information can help calculate what monetary damages should be included in a malpractice claim or lawsuit. Copies of attendance records from an employer can substantiate your claim of lost wages.

Witness Statements

Witnesses can be vital to proving negligent nondisclosure. If another healthcare provider or a relative was present when treatment options were discussed, getting them to make a written statement can support a claim of failure to warn. Writing down who was present at which times can help a lawyer identify who to subpoena or dispose.

Need Help With Long Island Failure to Warn Medical Malpractice Cases?

If you have suffered harm because you were not adequately informed of potential risks associated with treatment, surgery, or alternative to the recommended surgery, you have two and a half years from the date of the misconduct to file a malpractice claim. Because of the time involved in acquiring and reviewing medical records, the sooner you contact a medical malpractice lawyer, the sooner they can evaluate your claim.

Contact Duffy & Duffy to schedule a case review. Our lawyers will review your Long Island failure to warn medical malpractice case and outline the next steps.