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In some medical malpractice cases, the victim is injured because the doctor in charge of their case failed to correctly diagnose their condition and thus could not give them the proper treatment. In other cases, the diagnosis and treatment were accurate, but a doctor or nurse was negligent or carelessly made an error when going about treating them. In other cases, the diagnosis of the treatment was accurate, but the medical staff failed in some way regarding the treatment of the condition.
The broad definition of improper treatment is any treatment which deviates from what is accepted by the medical community. This definition can confuse many people, leaving them to wonder whether or not their case falls under improper treatment or not. In such cases, let a medical malpractice attorney from The Law Offices of Joseph Lichtenstein help.
What constitutes improper treatment?
Medication errors are among the most common type of improper treatment. Whether the doctor prescribed the wrong medication, stated the wrong dosage, or failed to warn the patient of potential side effects, this could result in a medical malpractice case. The patient should also be carefully monitored while on the drug so that any side effect could be caught and any allergic reaction could be dealt with. If surgery is necessary in order to treat a certain condition, this could bring about a whole other type of improper treatment. Surgical errors range from wrong site surgeries to the retention of foreign objects to organ punctures as well as postoperative complications. Lack of informed consent also could constitute improper treatment. It is mandatory that the doctor discuss the recommended treatment with the patient and let them know all of the possible risks which could be involved.
Case Study – The Results of Improper Treatment
In a recent case, a patient was awarded $4 million for improper treatment from their physician. A 56-year-old man was admitted to a hospital in New York after experiencing the symptoms of a stroke. In most cases, a patient in his situation would be given a drug used to treat a stroke. There is a three-hour window following the start of the symptoms of the stroke in which to administer this drug, but this man did not receive the medication he needed. The physician decided not to prescribe the drugs because he said the nurse had stated that the time of the onset of the symptoms was unclear. The nurse, however, stated that she clearly told the doctor when the symptoms began. As a result, the patient had to undergo therapy and further treatment following his stroke, all of which could have been avoided.
Proving Improper Treatment
If you believe that any of these errors occurred in your case or have questions regarding whether malpractice caused your injuries, you should contact our team at The Law Offices of Joseph M. Lichtenstein, PC as soon as possible. In order for a medical malpractice attorney to prove that improper treatment took place, there are four facts that will have to be established. First, it will have to be shown that a doctor-patient relationship existed. If a person was simply asking a doctor for advice in an unofficial capacity, they will not be able to sue for malpractice.
Second, the treatment will have to not be up to the standard of what is generally accepted by the medical community. If the doctor prescribed a certain treatment but the patient simply did not respond well to it, this is not a malpractice case. Third, the improper treatment must be directly linked to the patient’s injury. Lastly, the victim will have to prove that the cause of their injury was the doctor’s failure to treat them properly.
If you have any more questions, please do not waste any time in getting in touch with our legal team. We offer a free case evaluation so that you can let us know the details of your case. Do not waste any time in getting the help you need from a New York City medical malpractice attorney.
The Law Offices of Joseph Lichtenstein provides legal services to most areas around New York City, including the Bronx, Queens, Brooklyn, and Manhattan, as well as Long Island, Westchester, Suffolk County and Nassau County. We offer New York communities our expertise as birth injury lawyers, among other legal services. For more information on our services, or to schedule a free consultation, visit our contact us page or call us at .