Doctors and other hospital personnel have a duty under current law to provide treatment that does not fall below a certain standard of accepted medical practice.
A medical malpractice case must be brought by our law firm against the doctor or hospital within two and a half years of the date of the alleged medical mistake or deviation from the accepted standard of medical care.
Our top NY lawyers and doctors are able to swiftly investigate your medical malpractice case. Gordon Diefenbach formerly worked for law firms that represented the doctors and hospitals, so he understands how they approach medical malpractice lawsuits. Our attorneys fight for the patient's right to be compensated for a hospital's mistake, error, omission, failure to diagnose, failure to refer, failure to admit a patient into a hospital, improper testing, improper diagnosis, improper medication, failure to monitor, and various other forms of medical malpractice.
With a medical emergency, every second counts. So, the sooner a patient in need of medical attention is treated, the less likely the patient is to suffer from lasting consequences. However, emergency rooms are full with injured and sick patients in need of medical treatment, and the constant demand for medical attention and care can and does lead to mistakes, errors in judgments, and general failures in care. And when treatment is delayed, the chances of permanent injury or death rise dramatically. One mistake can have catastrophic consequences.
On top of the pain and suffering a patient and their family may experience, living with serious injury, such as brain damage, is not only financially burdensome due to anticipated losses of wages and medical expenses, but it also likely means lifestyle changes for both the patient and their family. When unreasonable delays in treatment cause you or a loved one to suffer life-changing or life-threatening injuries, the Diefenbach Law Firm can help.
Errors in diagnosis, misread x-rays, delayed or unnecessary surgery, and other medical mistakes can cause inexcusable and often irreparable harm. In such situations, it is often the hospital, doctors, and other health care providers who may be held liable for negligent care.
Emergency room negligence can be a result of:
• Inadequate ER Staff
• Rushed diagnosis
• Failure to order sufficient testing
• Missed Symptoms
• Patients may be sent home prematurely without the problem getting properly diagnosed or treated
• Inadequate record keeping procedures
• Inadequate patient tracking procedures
• Inadequate facilities
• Unsanitary conditions
If you believe that you or a loved one have suffered further injury, complication, or been a victim of an unreasonable emergency delay, talk to an attorney at the Diefenbach Law Firm.
You may be entitled to compensation including:
The Malpractice Lawsuit
Most medical malpractice lawsuits, including emergency room delays, focus on two critical elements: (1) negligence on the part of the health care provider, and (2) the harm caused by that negligence.
In emergency delay malpractice cases, the important issue is whether treatment was delayed too long and that is determined by assessing the appropriate medical standard of care that should have been provided, and whether the health care provider provided that care.
Standard of care is a legal term that refers to the level of competence that a similarly-skilled and trained doctor would have achieved in the situation. For example, in delayed treatment cases, the standard of care might require a hospital or doctor to accept a seriously injured patient immediately despite a line in an emergency room, or to be able to recognize the potential danger of delaying treatment when the patient is first seen, or to keep an emergency room sufficiently staffed to deal within a reasonable amount of emergencies simultaneously.
In a medical malpractice lawsuit, a lawyer works to establish how the doctor or hospital breached the standard of care (what the doctor actually did) and what the doctor or hospital should have done.
You deserve compensation for your pain and suffering, and you deserve to recover the costs imposed on you for the errors caused by the hospital and doctor’s negligence. It is important to choose a top law firm to ensure the most effective representation for your interests. Your initial consultation is free with Diefenbach law firm, and requires no obligation on your part.