When doctors miss the symptoms of a heart attack or even cause a heart attack because of improper treatment of a related condition, a patient may be able to sue a doctor for compensation. The lawyers at Silberstein, Awad and Miklos, P.C. have the experience and knowledge to help you pursue a claim for compensation. In 2017, our Nassau County heart attack malpractice lawyers won a $4.3 million verdict for a doctor’s failure to diagnose and treat a heart attack.

We combine a comprehensive legal strategy with the power of expert witnesses. Our team of medical professionals can testify on your behalf in court to lay the groundwork for your case. This way, the doctors who harmed you cannot continue to dismiss your case as a false and medically unsound accusation. If someone you love died from a heart attack or if you suffer from a medical error in the diagnosis or treatment of a heart attack, you have the right to seek compensation. An established medical malpractice lawyer could fight for a fair settlement or an award for your injuries and losses.

Types of Actions Leading to Negligence

Heart attacks can be fatal or lead to drastic life changes, so when doctors fail to prevent or treat a patient’s underlying condition, they may be held financially liable for their negligent actions or inactions. Examples of these actions include:

  • Failing to look at all the symptoms together
  • Failing to ask for a patient’s family history
  • Not communicating heart attack prevention strategies
  • Delaying or missing a diagnosis
  • Failing to order x-rays
  • Misdiagnosing a heart attack as anxiety, a fractured rib, or heartburn

Can Plaintiffs be Liable in Heart Attack Cases?

When a patient has health concerns, a doctor should always ask for their symptoms. The following symptoms may be indicative of a potential heart attack:

  • Pressure, tightness, or pain in the chest, arms, back, or neck
  • Nausea and vomiting
  • Indigestion
  • Heartburn
  • Abdominal pain
  • Shortness of breath
  • Cold sweats
  • Fatigue
  • Lightheadedness

The Importance of Following Doctor’s Orders

Communicating the symptoms mentioned above to a doctor in a timely manner is crucial to giving them the necessary information to diagnose a patient’s underlying condition and risk for a heart attack. Additionally, patients should answer medical questions truthfully and follow their physician’s advice.

When patients fail to do these things, plaintiffs can be found partially liable for their injuries, according to the rules of comparative negligence in New York Civil Practice Law & Rules §1411. Under comparative negligence, the judge or jury in a case can compare the negligence of both the defendant and plaintiff in the lawsuit and adjust the plaintiff’s award based on each party’s responsibility for the incident.

New York is a state that often works in favor of the plaintiff, however, and allows plaintiffs to collect an award even if they are mostly responsible for their own injuries. In contrast, other states do not allow the plaintiff to recover if they are at all liable or only allow it if the plaintiff is less than 51 or 50 percent at fault.

If the jury believes the plaintiff played a role in the incident that caused their damages, they will assign a percentage of fault to both the defendant and the plaintiff. The plaintiff’s percentage of fault will then reduce their monetary compensation by the same amount, as a Nassau County heart attack malpractice lawyer could explain.

Damages in a Heart Attack Claim

The compensation that a plaintiff could receive with the help of their Nassau County heart attack malpractice lawyer is usually categorized as one or more of the following types of damages:

Actual Damages

The tangible harm the plaintiff has incurred is labeled as actual damages. These include past and future lost wages, medical expenses, rehabilitation costs, prescriptions, and transportation to and from medical appointments. If the damage is easy to calculate, it is usually classified as an actual damage.

General Damages

General damages are different from actual damages in that they do not have an inherent value and may be difficult to place a value on. These can include pain and suffering, loss of companionship or consortium, mental anguish, and loss of enjoyment of life. Plaintiffs should consult with their heart attack malpractice lawyer in Nassau County to find out what general damages they might be able to claim.

Punitive Damages

Although not commonly awarded, punitive damages are an important component in some cases. The main purpose of these damages is to punish the defendant for acting with criminal indifference or obvious and reckless dishonesty. These damages attempt to deter future egregious behavior on the part of the defendant.

How a Nassau County Heart Attack Malpractice Attorney Can Help

When physicians or other medical staff have failed in their legal duty to provide you with proper care, consider filing a claim for compensation. The attorneys at Silberstein, Awad & Miklos, P.C. could help you recover from the additional burdens that have been forced upon you and your family.

Our lawyers have the legal know-how and the dedication to see your case through from filing to claim to a settlement or even trial. We can support your case by leveraging our 28 years of experience in the New York court system and by working with trusted medical experts.

If you are in a financially insecure position, we can support your case by only collecting a percentage of what we win for you. Contact a knowledgeable Nassau County heart attack malpractice lawyer today to find out more about your legal options. We are available to talk 24/7 and by phone, email, or in-person consultation.

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Silberstein, Awad & Miklos, P.C.

Silberstein, Awad & Miklos, P.C.
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