Neurology is a field in which many medical malpractice claims arise. Neurologists rely on various neurodiagnostic tests that are relatively new, as well as relatively new invasive procedures. There is a greater difficulty in treating neurological disorders than some other types of disorders. Often, victims of neurological malpractice may be uncertain about how to approach the future. If you believe that you may have been a victim of neurology malpractice in Syracuse or Rochester, you should consult a skillful litigator about whether you have a claim. Brain injuries and nervous system injuries can require lifelong care and dramatic lifestyle changes, and for many people, bringing a medical malpractice lawsuit is the only way to afford the costs associated with these. At DeFrancisco & Falgiatano, our Syracuse neurology malpractice lawyers can look at your situation and determine whether you have a case.Claims Based on Neurology Malpractice
Both neurologists and neurosurgeons are doctors who treat nervous system illnesses, injuries, and disorders, as well as any conditions related to the nerves, spine, or brain. Often, they need to make determinations related to patient movement, cognition, memory, balance, and reflexes. Some injuries arising out of neurology malpractice appear immediately after a doctor's negligent action or omission, but in some cases, injuries develop later. Some symptoms of brain injuries include dizziness, vomiting, nausea, headaches, tinnitus, confusion, hemorrhage, seizures, memory loss, and lacerations.
Brain injuries can be caused by trauma from an instrument, medication errors, diagnostic errors, improperly performed procedures, failures to monitor, performance delays, failures to treat complications, failures to provide a referral, and failures to instruct a patient. In some cases, the injury is a result of a misinterpretation of brain images or other test results. The result of these actions can be an overdose, medication reactions, forceps injuries, cerebral palsy, lumbar puncture, or surgical complications.
To establish neurology malpractice, a neurology malpractice attorney in Syracuse will need to show that a doctor-patient relationship existed between you and the neurologist, the neurologist breached the professional standard of care that was owed to you, and causation was present.
In most cases, your attorney will need to retain an expert neurologist. First, they will need to consult with the expert to be able to provide the required certificate that accompanies an initial medical malpractice complaint. The certificate indicates that the attorney has reviewed your case and consulted with a licensed neurologist who they reasonably believe is knowledgeable about neurological issues in your case, and based on that consultation, the attorney has concluded that there is a reasonable basis to bring suit.
Second, a Syracuse neurology malpractice attorney will need to be able to present the expert neurologist's testimony about what the accepted practices or procedures were in a situation like yours, as well as whether the neurologist deviated from them in how they treated you. The expert neurologist's testimony will also be necessary to show causation. You cannot recover damages if there is no causal relationship between the injuries that you suffered and some negligent action or omission by the neurologist. In many cases, medical malpractice lawsuits turn into a battle of the experts, so it is crucial to consult a credible and experienced neurologist who can explain complicated medical matters to a jury of laypeople.
Damages that you may be able to recover through a medical malpractice lawsuit include pain and suffering, mental anguish, lost wages, lost earning capacity, medical bills, rehabilitation bills, therapy, household services, and other compensatory damages. If a loved one died as a result of neurology malpractice, you may, as a family member, have the right to recover pecuniary losses like funeral and burial expenses, medical bills, the conscious pain and suffering of the decedent before dying, and loss of services.Consult a Knowledgeable Neurology Malpractice Attorney in Syracuse
If you are harmed or a loved one is killed due to neurology malpractice, our law firm may be able to help you recover damages from responsible parties. We represent injured patients in Syracuse, Rochester, Binghamton, Auburn, Elmira, Norwich, Cortland, Delhi, Herkimer, Watertown, Lowville, Oneida, Wampsville, Utica, Canandaigua, Oswego, Cooperstown, Ithaca, Lyons, and all of Upstate New York. Call us at 315-479-9000 or contact us via our online form.