Medical Malpractice Attorneys In New York
Medical malpractice, also known as medical negligence, occurs when a doctor or other health care professional or a hospital or health care facility does not treat a patient in compliance with the accepted standards of the medical profession should a patient become injured or ill under medical care. Should the patient’s condition or illness worsen due to the alleged inappropriate care or negligence, that constitutes medical malpractice, as well.
Medical malpractice also involves defining the elements of a typically successful medical malpractice case. These elements are what are known as the “medical standard of care” and the provider’s breach of that standard (medical negligence). The plaintiff’s medical expert typically provides the critical evidence through testimony involving the plaintiff’s condition, appropriate treatment course and diagnosis methodology, and what the doctor did or did not do during each phase of care.
The New York medical malpractice attorneys at Parker Waichman will work to show that the provision of care was not appropriate. This means that decisions, treatment, and diagnosis by the doctor fell below the accepted medical standard of care, there may have been a failure to treat, and the physician neglected to act as a physician in that medical specialty should act. This is considered a “breach” of the standard of care comprising “medical negligence,” according to the law.
Also, due to these behaviors, the patient was injured, became ill, or his/her condition or injury worsened. The case must also prove a causal connection existed between the care provider’s medical negligence and the harm the patient allegedly experienced and that measurable harm or damages to the patient resulted.
New York Medical Malpractice
Under New York Medical Malpractice Law, individuals with valid claims of medical injury may seek compensation from doctors, hospitals, and other medical personnel or facilities who/that are allegedly responsible for the patient’s injury. Parker Waichman LLP is an expert in New York personal injury law and the provisions for what damages may be claimed, including medical expenses, pain, suffering, and lost income.
Types of Medical Malpractice
- Failure to diagnose
- Failure to inform the patient of the risks of a specific procedure
- Failure to monitor
- Improper treatment
- Injury during birth, to mother or child
- Prescription errors
- Surgical errors
To Prove Medical Malpractice Occurred
For medical malpractice to have occurred, first, a physician-patient relationship must have existed. The injured party’s attorney will seek to prove that he or she was under the care of a physician and a doctor-patient relationship occurred between the plaintiff and the doctor being sued. Of note, overheard medical advice or advice given outside of the doctor-patient relationship is not cause for a medical malpractice lawsuit.
The injured party must show that the physician was negligent concerning the patient’s care. Being unhappy with treatment or results does constitute medical malpractice. The doctor must be shown to have been negligent in how the plaintiff was diagnosed and treated or must be shown to have caused the plaintiff harm in a way that a competent doctor, under the same circumstances, would not have caused. While a physician’s care does not need to be the best care available, the physician must be “reasonably skillful and careful.”
Typically, the plaintiff must present a medical expert during the course of the lawsuit to give testimony concerning the appropriate medical standard of care is for the injury involved and how the physician or provider deviated from that standard.
The injured party must also show that the physician’s negligence caused the injury. Medical malpractice lawsuits typically involve patients who are sick or injured prior to the alleged malpractice, which then leads to a question of whether the physician’s treatment or diagnosis caused harm to the patient; it must be shown that the injury “more likely than not” the doctor’s incompetence led directly to the injury. This generally calls for medical expert testimony to confirm that the doctor’s negligence led to the injury.
The case must also prove that the injury led to specific damages and that the patient suffered harm. Regardless of if it is obvious that the doctor performed below the expected standards in his or her field, the patient may not bring a lawsuit for malpractice against the provider if the patient suffered no harm.
Special Medical Malpractice Cases
Sometimes in medical malpractice lawsuits, a doctrine known as res ipsa loquitur (the thing speaks for itself) is used when a patient’s injuries cannot have occurred without negligence on the doctor’s or provider’s part. Examples include, if the patient is meant to undergo surgery for gall bladder removal but is implanted with hernia mesh, or the patient underwent surgery but a surgical implement was left in his/her body, or the patient underwent surgery to remove the right foot and the left foot is amputated.
In these cases, instead of an expert witness, the plaintiff’s attorneys will seek to show that the accident that caused the harm could not have occurred in the absence of negligence, that the equipment or conduct that led to the plaintiff’s harm was under the physician’s or physician’s team’s control continually during the procedure, and that the plaintiff had no part in his or her injury.
If You Are the Victim of Medical Malpractice
Patients should seek immediate medical attention if medical malpractice or negligence is suspected and should also document the claim and consult with knowledgeable personal injury attorneys who are able to discuss matters such as statute of limitations and any other special requirements that may impact New York plaintiffs.
Parker Waichman LLP has decades of experience representing personal injury victims in New York and continues to offer free legal consultations to individuals with questions about filing a medical malpractice lawsuit in New York. Patients may bring lawsuits over physical pain, mental anguish, additional medical bills, lost work, and lost earning capacity.
Filing a Medical Malpractice
If you or someone you know is interested in filing a medical malpractice lawsuit, contact the personal injury attorneys at Parker Waichman today. For more information call 1-800-YOURLAWYER (1-800-968-7529).
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