Say you needed a medical procedure done, but ended up walking away with an injury or with a new health issue. If this is the case, this could be considered medical malpractice, opening the door to a potential healthcare negligence lawsuit. If you have been the victim of medical malpractice in New York, you should consider consulting with a medical negligence lawyer to discuss your legal options.
The Legal Definition of Medical Malpractice
Before you file a claim for doctor negligence in New York, it’s essential that you understand the legal definition of medical malpractice. This is important because there are many situations that may not meet the qualifications of medical malpractice.
First and foremost, medical malpractice occurs when a medical professional doesn’t maintain the standard of care, causing direct harm to the patient. Additionally, this can occur if the medical professional breaches their duty of care or breaches the accepted medical standard in New York.
Common Examples of Medical Malpractice
The healthcare system isn’t perfect, and many patients walk away unsatisfied with their care. However, not every case where a patient is unhappy or walks away without treatment necessarily falls into the category of medical malpractice in New York.
So, here are some of the most common examples of medical malpractice that could result in a successful claim:
- Misdiagnosis
- Delayed diagnosis
- Birth injuries
- Failure to treat
- Medication errors
- Surgical mistakes
What Must Be Proven in a Medical Malpractice Case?
For your hospital malpractice claim to stick, you must be able to prove certain elements of your case. You have to remember that healthcare professionals have a certain level of protection since there is an inherent risk when you seek medical care. Because of this, the standard of proof is quite high for these types of claims.
Here are the main elements your claim should include:
- Negligence: You need to provide evidence that shows that the healthcare professional was negligent and did not maintain the standard of care. You can prove this with expert testimony from other medical professionals.
- Direct harm: It isn’t enough to simply prove negligence; you also have to prove that you were directly harmed as a result of this. To do this, you will need to provide additional medical records and expert testimonies.
- Damages: To get the best possible settlement, you need to prove that you sustained damages. This is commonly done with treatment expenses and medical bills, but you can also claim loss of earning potential and earning capacity.
Get In Touch With a New York Medical Malpractice Lawyer
When you put your trust into the hands of medical professionals, you expect them to act in your best interest. However, in situations where this wasn’t the case, and you suffered due to the actions of medical professionals, you may want to file a medical malpractice lawsuit.
Before you begin your delayed diagnosis claim, you should get representation from a medical malpractice attorney in New York who can help you gather the evidence you need and handle negotiations.
If you’re ready to begin your claim, contact us today at Gash & Associates, P.C., in New York at 914-328-8800.
