How can a doctor or hospital be responsible for a stroke happening?
There are many cases where doctors send patients home with a wrong diagnosis like a simple headache or a migraine. But the doctor should have recognized a severe and sudden headache as a sign of a stroke, especially if it is accompanied by eyesight problems, slight personality changes, or weakness in the arms or if the person’s face looks a bit different.
How can a doctor be responsible for brain damage after a stroke?
A doctor can be responsible for brain damage that resulted from a stroke in a couple of ways. First, if the doctor had a chance to prevent the stroke, then he or she is responsible for the brain injury or death from a stroke that should have been prevented. A doctor can also be responsible for the brain damage being worse than it had to be. This type of responsibility recognizes that the patient would have suffered some injury from the stroke. But the brain damage was worse because the doctor failed to act fast.
How can a doctor be held responsible for my loved one’s death?
In the same way that a doctor might be responsible for someone being more hurt from their stroke, doctors can be held responsible when their negligence causes someone to die. For example, if a loved one had a stroke and had to wait for doctors or hospital staff to see them while the doctor failed to give a clot-busting drug quickly or failed to see your loved one was having a stroke, then the doctor might be to blame.
How do you bring a lawsuit for someone that died because of the medical care provided?
When we bring a lawsuit for someone that died, we generally help the clients have someone appointed as the administrator of the estate of the victim. That person is the named party in the lawsuit on behalf of the victim’s estate.
How much does it cost the client to hire a lawyer to handle a stroke case?
We accept stroke cases on a contingency basis. This means we do not require ANY money from the client. While our agreement is fully explained in writing when we accept a case, we usually pay all of the expenses and receive a fee only if we are successful.
Can adult children of stroke victims recover money for their parent’s death or injury from a stroke?
Adult children of stroke victims can recover for the injuries or death of their parent in certain circumstances. For instance, if the parent was supporting the adult child, the adult child can recover money damages.
How long does a Stroke Malpractice case take?
This is a very hard question to answer because every case is different. Most medical malpractice cases do not settle quickly. The average amount of time to settle medical malpractice case can be as little as 2 ½ or as many as 4 years.
What happens if I retain Cory Rosenbaum and Robert Fader as my attorneys?
Once you hire us, we generally start by obtaining your medical records or the stroke victim’s medical records and then review them with a doctor that works with us. However, sometimes the hospitals or doctors make it difficult to obtain the records or we simply believe in the case and pursue it without medical records. Then we discuss your case with a doctor. Once the doctor confirms we have a good case, we prepare the documents to file in Court that starts your lawsuit.
How do you obtain the medical records?
You will sign documents giving us permission to obtain the records. These documents are called Authorizations and comply with federal and state laws regarding patient privacy.
What are “depositions”?
During the early stages of your case, the lawyers for the doctors or hospitals have the right to question the person or people bringing the case. The question and answer session is called a deposition.
Do you accept cases from upstate or western New York?
We accept cases from all over New York State.
What if I live outside of New York State, can you take my case?
Wherever you live, if we believe in your case, we will accept it. However, since we are only licensed to practice law in the State of New York, we will likely associate ourselves with another lawyer that is licensed to practice in the state where the case will be brought.
The founders of StrokeLaw.com, Cory Rosenbaum & Robert Fader, are New York attorneys with decades of experience representing victims of medical malpractice including stroke victims and their loved ones. They are available for free consultations.