Are You Familiar With Loss of Chance Doctrine? | Medical Malpractice Buffalo NY
People who work in the medical profession shoulder a lot of responsibility. Doctors are intimately involved with the well being of so many lives and their decisions can have far reaching consequences. Unfortunately, sometimes mistakes are made that irreversibly change the course of an individual’s future. When this happens it can lead to a medical malpractice lawsuit based on the “Loss of Chance” doctrine. We’d like to take a moment to explain what this legislation entails and how you can know if you’ve been a Loss of Chance victim.
What is a Loss of Chance Medical Malpractice Claim?
Like all other forms of medical malpractice cases, Loss of Chance claims stem from a substandard level of care provided by a doctor or hospital. Loss of Chance claims represent a smaller subset of those cases where a doctor’s actions hinder a patient’s chance of a favorable outcome. This doctrine establishes a patient’s right to compensation according to the value of losing their “better outcome.”
How Medical Malpractice in Buffalo NY Can Lower Your “Chance”
Timing is everything in Loss of Chance claims. In most of these cases, medical malpractice lawyers are looking for evidence of a wrongfully delayed diagnosis. Incorrect treatment, delayed treatment, and miscommunication (usually between a doctor and lab technician about the results of a test) are common causes.
Take this example for instance, a doctor conducts a less than thorough examination and fails to diagnose cancer in time for treatment. This delay allows the cancer time to spread so that the treatment is no longer effective. This patient would be entitled to damages because the doctor’s negligence resulted in a lower chance of survival.
What You Need to Prove for Loss of Chance Medical Malpractice Claims
Finding proof in these cases can be tricky because it’s difficult to say for certain what would have happened if a doctor had acted differently. Finding evidence of negligence isn’t the only thing your malpractice lawyers in Buffalo NY are looking for. A successful Loss of Chance medical malpractice suit also needs to prove that your doctor’s actions either lowered your chance of survival, caused unnecessary pain and suffering or increased the cost of your treatment. The specifics of these categories are what play a factor in determining the compensation a patient is entitled to.
Why You Need Experienced Medical Malpractice Lawyers For Your Loss of Chance Claim
Medical malpractice cases are complicated and take time. Investigation into hospital records is essential to finding evidence of negligence in your treatment. As we’ve mentioned before, time is of the essence with loss of chance medical malpractice claims. Make sure your medical malpractice lawyers in Buffalo NY know this system inside and out and have a track record of handling these types of cases.