With advanced medical imaging, diagnostic tools, medical knowledge, physicians are now able to diagnose and treat strokes earlier than ever before. The sooner the appropriate stroke care is provided, the better the outcome. However, when stroke patients are not properly cared for, they face an increased severity of injury.

At Silberstein, Awad & Miklos, P.C., our Suffolk County stroke malpractice lawyers can help you pursue compensation for the injuries you have faced. We know you have suffered from injuries that could have been prevented and can work with authoritative medical expert witnesses to prove these facts.

Our legal team of skilled medical malpractice lawyers can highlight the trauma and pain that you have experienced and that which now impacts the rest of your life. We are here to support you emotionally and legally through this time. We can also cover the legal fees until we win your case, only working on a contingency basis.

When doctors and other medical staff do not treat patients at the accepted medical standard, they should be held liable for any damages the patient suffers. Contact us to begin pursuing a compensation that adequately compensates your losses.

Types of Stroke Malpractice

Information released by the Centers for Disease Control shows that stroke kills approximately 140,000 people each year and is a leading cause of long-term disability. While strokes can occur without warning and may present challenges in diagnosis, there are standard ways to treat and prevent strokes. If a doctor fails to do so, they may be considered negligent. Examples of stroke malpractice include:

  • Failing to properly diagnose and treat the underlying condition
  • Failing to analyze brain scans or other tests accurately
  • Not ordering proper blood tests or brain scans
  • Not administering blood thinners after surgery
  • Not treating the stroke in a timely manner
  • Failing to discuss a patient’s predisposition for strokes
  • Failing to provide preventative treatment for additional strokes

These instances of malpractice may be due to various situations, such as when doctors lack proper training and experience, do not communicate with other medical staff, or are fatigued and make careless mistakes. Whatever the case, a plaintiff may be able to bring a stroke malpractice claim if they are the victim of these errors.

Certificate of Merit Requirement in Suffolk County

New York has enacted certain laws to protect the legal system, insurance companies, and potential defendants from frivolous lawsuits. As outlined in New York Civil Practice & Law Rules §3012-a, certificate of merit is required to prove that a case has a valid medical basis.

A plaintiff’s Suffolk County stroke malpractice attorney should file this alongside the initial claim. Although, if the statute of limitations as per New York Civil Practice Law & Rules §214-A is approaching, the law gives attorneys a 90-day extension after the lawsuit filing to file the certificate of merit.

The certificate of merit provides the court and all involved parties proof that the plaintiff’s attorney presented the case to a minimum of one other medical professional who verified that the case is valid. If the Suffolk County stroke malpractice lawyer is unable to do so, they must certify in good faith that they attempted to verify the case with at least three separate medical experts.

Building a Stroke Malpractice Case

The approach a stroke malpractice lawyer in Suffolk County will take when building a case will depend on the circumstances and the available evidence. In general, however, to prove stroke malpractice, an attorney must prove the negligence of the medical professionals involved and the injury and damages to the plaintiff.

Specifically, this involves showing that:

  • The physician owed a duty of care to a patient
  • The physician breached this duty of care
  • The breach of duty caused injury to the patient
  • The patient suffered damages that are compensable

When a doctor treats a patient, they also assume a duty to provide care in a manner that another reasonable doctor would act under the same circumstances. Therefore, most cases require patients to prove that the doctor’s actions directly caused their injuries and that they suffered damages from their injury. Damages may include extra medical costs, lost wages, physical disability, pain, or even loss of companionship.

Speaking with a Suffolk County Stroke Malpractice Attorney

Strokes should be diagnosed and treated as soon as possible to reduce the chances of permanent physical damage and disability. When doctors fail to carefully examine and properly treat potential stroke patients, they may cause or increase the injuries and damages to patients.

The Suffolk County stroke malpractice lawyers at Silberstein, Awad & Miklos, P.C. can help you recover from the harm you have unnecessarily suffered at the hands of medical professionals. We keep injured patients at the core of our cases and focus on doing what is best for them throughout the legal process.

Our legal team can represent your case while you focus on rehabilitation and healing. Reach out to us today by phone, email, or in-person 24/7. We are here for you during your time of need.

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New York Personal Injury Lawyer | Silberstein, Awad & Miklos, P.C.

Silberstein, Awad & Miklos, P.C.
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