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Experiencing and suffering from an act of medical malpractice is a more common event than most people think. Even a short trip to a family physician for a routine physical presents the opportunity to misinterpret test data or misdiagnose a medical condition. Malpractice can also occur in an emergency room, operating room, or a dentist’s chair.
State law requires all medical practitioners comply with the applicable standards for their profession. It is when the provider’s actions violate this standard of care that malpractice occurs. Healthcare professionals who commit malpractice may be legally responsible to provide compensation to any injured parties.
A New York City medical malpractice lawyer would help you collect the compensation you deserve after suffering losses. One of our personal injury attorneys would review your case and evaluate if you have a viable claim.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional makes a mistake that results in a patient suffering injuries or the worsening of a preexisting condition. However, the mere fact that a person receives poor care does not satisfy the legal definition of medical malpractice.
Malpractice occurs when a medical provider commits an act that differs from the generally accepted standards of practice. Some examples of these incidents may result from:
- Misdiagnosis
- Improper interpretation of test results
- Failing to refer a patient to a specialist
- Botched procedures
- Prescription medication errors
A New York City medical malpractice attorney could help someone better understand the legal concept of medical malpractice and provide an initial case evaluation to determine if a claim has merit. There is no charge for this initial evaluation.
Working with an Expert to Prove Medical Malpractice
Medical malpractice cases are complex. It is the claimant’s responsibility to show proof that the standard of care was violated. A person cannot even levy allegations of medical malpractice without consulting with an expert. These qualified individuals are the only ones with the expertise to determine whether a defendant violated the medical standard of care.
According to state law, any party alleging medical malpractice must submit a certificate of merit to the court. This certificate states that the claimant and their attorney consulted with a qualified expert and that the individual believes that there is a good faith basis for the lawsuit. A New York City lawyer would assist people in locating and hiring these experts who are necessary to prove medical malpractice cases.
Seeking Fair Compensation in a Medical Negligence Case
People who suffer harm at the hands of others deserve compensation. Medical malpractice cases are no exception to this rule. While many states have enacted damage caps on personal injury cases, New York is not one of those states. As a result, victims of medical malpractice can collect all monies awarded without worrying about a limit because of state regulations.
Contact a New York City Medical Malpractice Attorney Today
Medical errors may occur when first meeting a family doctor, while visiting an ER, or while undergoing surgery. Every medical provider has a duty under the law to provide competent care to patients. Failures to do so, that result in injuries may constitute medical malpractice.
A New York City medical malpractice lawyer could help you pursue your case for its full value. Reach out today to learn more about how our team of attorneys is here for you.
