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(516) 394-4200
Medical malpractice is a common type of personal injury, but many people are not familiar with negligence in the form of failure to operate. If you experienced physical, emotional, or financial damages because a doctor failed to perform a necessary surgery, you may have a strong case in court. Physicians and surgeons are expected to act under specific circumstances, and a deviation from the accepted standards of care can lead to a malpractice case.
A trusted surgical error attorney can help you explore your legal options. In fact, an attorney can help you identify individuals to hold responsible as well as damages to pursue in the most serious Suffolk County failure to operate malpractice cases.
Failure to operate occurs when a physician chooses not to perform a necessary surgery in spite of clear indications that the surgery should take place. Unlike cases that involve surgical errors, these cases involve a surgery that should have taken place but never did. For instance, a doctor may not perform surgery after an emergency occurs, including a ruptured appendix, internal bleeding, or obstructed bowel.
In some cases, a delayed diagnosis could lead to lack of intervention by a physician that should have been trusted. For instance, a doctor may have not diagnosed cancer or an infection in time. Miscommunications between medical professionals, such as a surgeon who is unaware of a patient’s worsening condition, can also lead to failure to operate.
In order to establish a standard of care and demonstrate that a breach occurred, medical expert testimony is incredibly helpful. In fact, New York courts require a physician of the same specialty to testify in most malpractice cases. One of the first things a medical malpractice lawyer will do is look for an expert who can provide testimony. Lawyers will also use evidence to prove liability in these cases. Evidence may include medical records, diagnostic tests, communication logs, and hospital protocols.
One thing to keep in mind is that New York does have a statute of limitations for these types of cases. Generally, victims of medical malpractice have 2.5 years from the date the incident occured under New York law. In the event that the patient was receiving ongoing treatmet from a doctor, the clock starts ticking after that treatment ends.
In these types of cases, an experienced attorney can provide significant assistance. For instance, an experienced attorney can consult with medical experts and build a strong case based on solid evidence. Lawyers can also handle negotiations as well as trial litigation, helping their clients receive deserved compensation whenever possible.
Suffolk County failure to operate malpractice cases are more common than you might think. If you have been a victim of medical negligence, you have options. Even if you are unsure if you have strong evidence, a lawyer can determine if the evidence leads to a strong claim.
Contact a professional today to learn more about your options. A confidential consultation with a lawyer can provide guidance regarding what to do next.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.
