Our medical malpractice lawyers in NYC understand the severity of medical negligence. When a patient undergoes medical treatment, they expect their physician to act in a safe and responsible manner. When a medical provider acts negligently, however, the results can be devastating for the patient. Medical malpractice can cause patients serious injuries and force them to face a number of hardships. In addition to the serious physical ailments that can be caused by a medical provider's negligence, patients may also experience a number of serious financial hardships. Victims of medical malpractice may be forced to deal with lost wages due to time missed at work, serious damage to their future earning potential and high medical bills.
According to a study performed at Johns Hopkins, medical errors are the third-leading cause of death in the United States of America. Unfortunately, medical errors are not classified separately on death certificates and are under-reported. Undoubtedly, many more cases exist concerning patients who were seriously or catastrophically injured by medical negligence. This is why it is critical for someone who believes that they, or a loved one, are the victim of medical malpractice to contact an experienced medical malpractice lawyer with the knowledge and resources to thoroughly investigate a potential claim and seek justice for those affected. Victims of medical malpractice may be able to recoup compensation for their losses by filing a lawsuit with the assistance our NYC medical malpractice lawyers.
What Is Medical Malpractice?
Medical malpractice refers to negligence committed by a professional health care provider (i.e. a doctor, a nurse, a dentist, a hospital or a hospital worker) whose performance deviates from the standard of care of those with comparable training or experience which results in harm to the patient(s). The profession itself sets the standard for malpractice by its own custom and practice.
Do I Need An NYC Medical Malpractice Attorney To Pursue My Case?
Absolutely. The complexities of medical malpractice cases make them very difficult and expensive to pursue and litigate. Our medical malpractice attorneys in NYC obtain all medical data that is relevant to your particular medical malpractice case, including proper medical records and laboratory results.
Who Can Be Sued For Medical Malpractice?
Medical malpractice cases apply to doctors, nurses, dentists, hospitals, hospital workers, health care facilities, nursing homes and others providing health care services.
What Are The Elements Of A Medical Malpractice Case?
Medical malpractice is generally defined as a medical provider's deviation from the accepted standard of care of the medical community. While medical malpractice can result in injury and indicates wrong-doing on behalf of the medical provider, it does not necessarily present grounds for a lawsuit. In order to have a valid medical malpractice lawsuit, all of the following elements must be true:
The medical provider had to have owed a duty of care to their patient: A duty of care is a legal obligation that an individual has to adhere to a standard of reasonable care while performing any action that has the potential to cause injury. Medical providers have a duty to their patients to adhere to the accepted standard of care of the medical community in their field.
The medical provider must have breached their duty of care: A medical provider has breached their duty of care when their treatment fails to meet the accepted standard of other providers in the same field. For instance, if a patient suffers symptoms that indicate a particular ailment, but the doctor fails to order tests that another competent physician in the same field would have ordered, the physician may have breached their duty of care.
The medical provider's breach of duty has to have directly caused the patient’s injury: For instance, if a doctor fails to order the correct tests to review a patient's symptoms, and the patient becomes sicker as a result, they may have grounds for a medical malpractice lawsuit. If, however, the doctor's breach of duty was not directly responsible for the patient's injury, they may not be liable for damages resulting from the injury.
The medical provider's negligence must have caused the patient to suffer either economic or non-economic damages: Any financial losses caused by the medical provider's negligence are considered economic damages, including lost wages, damage to future earning potential and medical bills uncovered by the patient's insurance. Pain and suffering, mental anguish and loss of life's enjoyment caused by the injury are considered non-economic damages.
What Types Of Medical Malpractice Cases Do You Handle?
Our medical malpractice lawyers in NYC have represented individuals and families in claims involving: