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Medical Malpractice Attorneys - Medical Negligence Proof
Serving Western New York
Medical malpractice is one of the most difficult types of personal injury cases to prosecute. There are many reasons for this, some of which include:
- Medical records can be easily tampered with
- Witnesses are difficult to secure because those who are crucial witnesses in these cases usually do not want to testify against their co-workers
- Hospitals and doctors can afford to hire the very best defense attorneys available
- There are many acceptable ways to treat the same medical condition
- There are still many uncertainties and anomalies in the world of medicine (for example, 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 the medical professional that treated you acted negligently.
How negligence is defined in a medical malpractice lawsuit
Medical negligence is essentially defined as either doing something that a reasonably prudent health care professional in that specific field of care would not have done or failing to do something that a prudent health care professional would have done under the same or similar circumstances.
An example of negligent practice which would be considered medical malpractice
For the sake of clarification, we can consider a simple example of medical malpractice. If a patient had colon cancer and his or her doctor failed to diagnose it until the cancer had significantly advanced and spread to other parts of the body, it may have been because of the doctor’s negligent care. In a case like this our medical malpractice attorneys would first try to determine if the doctor failed to recognize the symptoms when the patient accurately reported them. In this specific case these symptoms would have included:
- Abdominal discomfort
- Chronic fatigue
- Unexplained weight loss
- Bleeding from the rectum
- Blood in the stool
- Noticeable changes in bowel movements
Our attorneys would then carry out an investigation to determine if the doctor failed to execute any of the following crucial procedures for this particular patient:
- 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 treatment
If any of these established medical procedures were not correctly performed then our attorneys would need to find out if there was a reasonable explanation why they were not. Using the information obtained in this investigation along with medical records, witness statements and patient statements we can begin building our medical malpractice case to present in court.
If you live in or around the Buffalo Niagara Region and believe that you or a loved one has been the victim of medical malpractice we encourage you to contact John Feroleto Attorneys at Law today. We will examine the details surrounding your case and help you determine if a lawsuit should be filed.
We only charge legal fees if your case is won or settled out of court, so please don’t hesitate to contact us today.
910 Main Court Building | 438 Main Street | Buffalo, NY 14202 | (716) 854-0700
