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Medical Malpractice Attorneys - Medical Negligence Proof
Serving Buffalo, New York
Medical malpractice is one of the most difficult types of cases to prosecute. There are many reasons for this, including:
- Medical records can be easily tampered with
- Witnesses are difficult to secure because they don’t usually want to testify against their co-workers
- Hospitals and doctors can afford to hire the very best defense attorneys available
- There are a lot of different acceptable ways to treat medical conditions
- There are still many uncertainties and anomalies in the world of medicine (e.g. normal symptoms of a disease may not be present, or conventional treatments may not work or appear to be working)
As such, in order to win your lawsuit, you must have significant evidence to prove that the medical professional who treated you acted negligently.
How negligence is defined in a medical malpractice lawsuit
Medical negligence is essentially defined as doing or failing to do something that a reasonably prudent health care professional in that specific field of care would or would not do under the same or similar circumstances.
An example of negligence related to medical malpractice
Let’s say that a patient in Buffalo, New York has colon cancer, but his or her doctor fails to diagnose it until the cancer has significantly advanced and spread to other parts of the body. In a case like this, our medical malpractice attorneys would first try to determine that the doctor failed to recognize the symptoms when the patient reported them, including:
- Abdominal discomfort
- Chronic fatigue
- Unexplained weight loss
- Bleeding from the rectum,
- Blood in the stool
- Noticeable changes in bowel movements
Then our attorneys would investigate whether the doctor failed to do any of the following:
- Perform digital rectal exams at the appropriate interval for each age range
- Identify a cancerous polyp during the exam
- Perform a sigmoidoscopy or colonoscopy during the recommended time intervals
- Order testing when the patient described symptoms caused by colon cancer
- Correctly interpret the results of a biopsy
- React quickly to the biopsy results with the appropriate treatments
If any of these recommended actions did not take place, then our medical malpractice attorneys would need to find out if there was a reasonable explanation why not. Using this information, medical records, witness statements and patient statements, we can begin building our medical malpractice case to present.
If you live in the Niagara, Buffalo, or New York state and believe you or a loved one have been the victim of medical malpractice, you should contact John Feroleto Attorneys at Law today. We’ll examine the details surrounding your case and help you determine if a lawsuit should be filed.
We never charge legal fees unless your case is won or settled out of court, so don’t hesitate to contact us today.
1220 Liberty Building | 424 Main St. | Buffalo, NY 14202 | (716) 854-0700
