Medical malpractice happens when a doctor, hospital, pharmacist, nurse, or other health professional injures a patient by acting negligently. This negligence can occur in a variety of different ways, including improper treatment, misdiagnosis, lack of follow-up, or surgical mistake.
For an individual to have a claim for medical malpractice, their case must meet three thresholds. It’s important to note that the case must satisfy all three for the patient to have a potential case for medical malpractice.
A deviation from the standard of care – First, the health care professional or hospital must have breached the standard of care that is generally accepted by other doctors or health care professionals situated in the same kind of circumstances.
For example, there is a general standard of care for heart surgeons treating patients with cardiac issues. This standard of care is what reasonable health care professionals follow. When a doctor or hospital breaches this standard of care, they may be found liable for negligence.
The patient suffered an injury due to the health care provider’s negligence To establish a case for medical malpractice, the patient must have suffered an injury or death. Even if the doctor, hospital, or other health professional or facility acted negligently, if the patient didn’t suffer an injury as a result, there is no case for medical malpractice. It’s also worth noting that a bad outcome alone is not sufficient to establish a medical malpractice case.
The patient’s injury resulted in damages – In addition to a breach of the standard of care that caused the patient’s injury, the patient’s injury must have resulted in damages. Damages include pain, suffering, mental anguish and loss of enjoyment of life, as well as economic damages such as lost earnings and medical bills. In the case of wrongful death due to medical malpractice, the patient’s family may have suffered financial losses that are recoverable. Additionally, a minor child who loses a parent due to medical malpractice has a substantial claim for loss of the parent’s nurture and guidance, in an addition to other purely financial losses, including loss of support.
Medical malpractice cases are typically very complex, and it’s common for both sides to rely on experts to prove their case. With respect to damages, it’s typical for the plaintiff to use an expert to testify about the nature and scope of their damages.
If you suffered an injury at the hands of a doctor, nurse, hospital, or other health care professional or facility, it’s important to have an experienced medical malpractice lawyer review your claim.
In many cases, patients hesitate to seek help. Delaying could not only harm your health, but it could also prevent you from getting the compensation you deserve for your injuries and losses.
Jonathan C. Reiter, a New York City medical malpractice lawyer can help. >> 212-736-0979
Unfortunately, medical malpractice is far more common than many people realize. In fact, medical mistakes are the third leading cause of death in the United States. There are many different ways a patient can sustain a serious injury due to a doctor’s negligence. Examples of medical malpractice include:
Failing to diagnose an illness, disease, or condition
Misdiagnosing the patient’s condition and delaying proper treatment
Failure to order or misinterpreting X-rays, CT scans and MRI’s
Failing to notify the patient of abnormal test results
Laboratory mistakes or misinterpretation of test results
Wrong site surgery
Medication errors or contraindications
Failure to properly review the patient’s medical history, including allergies
Lack of follow-up care
Nursing home negligence and mistakes
This is by no means an exhaustive list of the possible types of medical malpractice. If you have been injured in a health care setting and you believe your doctor’s or hospital’s error caused your injury, you may have a claim for medical malpractice, which means you could be entitled to compensation for your injuries, medical bills, lost wages, and other damages.
Do You Need a Medical Malpractice Lawyer?
If you believe you have suffered an injury due to a doctor’s or hospital’s negligence, you may wonder if you should contact a medical malpractice lawyer. Medical malpractice cases are among the most complicated types of personal injury claims, and it’s in your best interest to work with an experienced New York City medical malpractice lawyer.
This is because injuries caused by medical negligence can leave a patient with debilitating health conditions that can result in costly medical bills, extensive time off work, and even permanent loss of mobility. Some patients with these types of injuries must stop working altogether, which causes a lifetime of financial difficulty. Patients may also need ongoing medical care, additional surgeries, or other interventions to help restore their good health.
If you have suffered an injury due to a doctor’s negligence or negligence on the part of a hospital, nursing home, or other facility, you shouldn’t have to shoulder the burden of medical bills and the loss of your income. This is why it’s important to discuss your case with a knowledgeable New York City medical malpractice lawyer.
It’s also important to avoid delays when it comes to filing your claim. There are strict time limits for bringing a medical malpractice claim. If you miss the deadline for filing your case, you could be forever barred from pursuing compensation for your injuries. This is why it’s critical to discuss your case with a medical malpractice as soon as possible.
New York City Medical Malpractice Lawyer Jonathan C. Reiter
Prior results cannot and do not guarantee or predict a similar outcome with respect to any future case. Recoveries always depend upon the facts and circumstances of each case, the injuries suffered, damages incurred, and the responsibility of those involved.
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Published by: Jonathan Reiter
Source: Jonathan C. Reiter
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