When caring for patients who are at risk of or who have suffered a stroke, physicians should do all they can to help patients. When they fail to detect, prevent, and treat strokes, they may be liable for the injuries caused to their patients. A Bronx stroke malpractice lawyer at Silberstein, Awad & Miklos, P.C. is prepared to offer you dedicated and efficient legal support in recovering the physical, emotional, and financial damages you sustained. We have successfully fought for hundreds of victims of medical malpractice, including a $30 million verdict for cervical cancer caused by a delay in diagnosis.

We understand you may feel like no one will listen to your claim of malpractice – the medical professionals who harmed you certainly have not. However, not only do we have immense legal and financial power to support your case, but we also have the medical authority from our team of medical experts. These doctors are trustworthy sources who can testify to your pain and suffering before the defense. If you or someone you love suffered from the negligent care of a doctor, consult with our compassionate medical malpractice lawyers. We are available to help seven days a week, 24 hours a day.

Establishing Negligence

Many medical lawsuits are based on the element of negligence. When one party has a duty to another party, breaches that duty, and causes injuries, they are considered negligent. Examples of breaches of duty in stroke cases include:

  • Fail to recommend stroke preventative measures
  • Failure to request or conduct appropriate tests
  • Misinterpret test results
  • Fail to acknowledge symptoms
  • Fail to refer patients to another cardiac specialist if they lack the proper training
  • Fail to diagnose the proper condition
  • Fail to ask about the medical history of a patient
  • Diagnose a heart or other condition too late

Physicians have a duty to their patients to act in a reasonable manner according to the accepted standards of medical practice. When they breach their duty, they can cause injuries, and damages or even death. Our dedicated stroke malpractice lawyers in the Bronx could help stroke patients have hold doctors and other involved parties liable for their damages.

Compensable Damages for Stroke Malpractice

When seeking compensation for negligence for a stroke case, plaintiffs should review their damages with a Bronx stroke malpractice attorney. Damages can be either financial or nonfinancial in nature. These include:

  • Increased medical bills
  • Physical pain and suffering
  • Mental anguish
  • Loss of enjoyment of life
  • Lost wages
  • Loss future earning capacity
  • Expenses for future rehabilitative care
  • Loss of consortium

Financial damages are the easiest for which to provide proof, as it is often in the form of medical records and other objective facts. Non-economic damages are more difficult to value since these damages are based on subjective proof like a patient’s feelings.

Comparative Fault in Stroke Cases

As per New York Civil Practice Law and Rules §1411, plaintiffs may be found liable for a portion of their own injuries. This does not mean their lawsuit lacks merit or that they cannot recover damages at all. Rather, when a plaintiff is liable, their recoverable damages will be reduced by a percentage of liability assigned to them by a jury or by what is agreed on in a settlement.

A plaintiff in a stroke case may be found liable for their own injuries if, for example, they failed to report certain symptoms in a timely manner to their physician or if they refused to follow certain medical advice. An experienced attorney could help a potential plaintiff understand how their own potential liability may impact the outcome of their case.

How a Bronx Stroke Malpractice Attorney Could Help

Patients who have suffered a stroke could take legal action by contacting a Bronx stroke malpractice lawyer at Silberstein, Awad & Miklos, P.C. Physicians must follow accepted medical standards when treating patients, and when they fail to, you could recover compensation for your pain and suffering.

Our lawyers have decades of experience helping those who were injured by the negligence of doctors. We do so by combining legal and medical expertise to craft a powerful case against the responsible parties. From discussing your side of the story to investigating medical records to presenting your case before a judge or jury, we are ready to fight vigorously and strategically for your due compensation.

Get in touch with our compassionate attorneys today to discuss your case. We are available to talk in-office, at your home, over the phone, or through email. During these trying circumstances, we could give you the legal support to help you regain financial and emotional security.

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Silberstein, Awad & Miklos, P.C.

Silberstein, Awad & Miklos, P.C.
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