Medical Malpractice For Beginners

Written by: ANTHONY MASTERTON | CO-FOUNDER AT B2B STARTUP OBOLO

My roommate and I are trying to figure out a possible situation. He was back home in Syracuse over the holidays and–while he was visiting–planned to have minor surgery to correct his limp. The surgery was well-researched and was originally suggested by a university physical therapist.

Recovery was supposed to take two or three weeks at most, but things haven’t been so smooth. He’s now in his fourth week of recovery, but progress is negligible. In fact, he can barely walk without experience some kind of discomfort. The exercises prescribed were supposed to have gradually gotten easier, but that hasn’t been the case, either.

How should he approach solving the problem? He’d have to return to the doctor who performed the surgery in order to get it corrected again, right?

The best advice for your roommate is to speak up sooner rather than later, especially in the context of a medical recovery. Prudence would demand that he share these details with his family, since they’re better positioned to lend him the necessary support. That being said, there are other things to consider, too. Surely your roommate was given a strict recovery plan. He’ll need to confirm that he devoted reasonable effort to executing the activities prescribed by his attending physician.

It’s quite possible that he inadvertently undermined his own recuperation. Did he make any of these 8 common mistakes that are proven to slow his recovery? You’d be surprised just how often patients succumb to those pitfalls. Seemingly harmless decisions can result in disproportionate consequences because of how fragile the body is after an operation. In other words, the first step is ensuring that none of his actions contributed to the worsening condition.

Assuming that’s the case, then it’s possible he’s a victim of medical malpractice. You’re probably already aware of the implications associated with this. Review this critical checklist, which contains the basic requirements for a submitting a legal claim. Most of the items are intuitive. The most difficult part of typically producing the necessary documentation.

Adequate legal representation is also essential. Research attorneys like these Syracuse medical malpractice lawyers and have him compare his options. He’ll also need to find another medical expert to assess his condition. As an experienced personal injury lawyer would explain, it’s imperative to have a second medical opinion. Your roommate can expect to absorb that cost initially but he could receive reimbursement in the event of a favorable payout.

The compensation that your roommate is liable to receive will depend on several factors. The good news is that New York state has consistently led the nation when it comes to the average payout of malpractice lawsuits. You might even be surprised to learn that New York has more licensed doctors than anywhere else in the country. This reality drives up insurance premiums and, as a result, forces many of the best doctors to leave the state and seek residency elsewhere. Politico reports that New York legislators and diplomats are worried about the exposure that many state-licensed physicians face. Your roommate’s condition could be one more example to add to their list of ongoing concerns, but let’s hope that’s not the case.

“Just like there’s always time for pain, there’s always time for healing.” — Jennifer Brown

Anthony Masterton is a writer of all things tech and Co-Founder / CEO of B2B Startup Obolo.

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