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Medical Malpractice: What You Need to Know

According to a study done by Bal Alarm Medical, New York has the most medical malpractice lawsuits per capita in America. With medical malpractice being a far too common occurrence in the Empire State, it’s important to have at least a basic understanding of what it entails. Medical malpractice is when a hospital, doctor, or another type of healthcare professional causes a patient some sort of harm through a negligent act or omission. You might be eligible to file a medical malpractice claim if you suffered severe and permanent injuries because of the negligence of a doctor or another type of healthcare professional. Medical malpractice cases are often very complex, making it essential to hire a lawyer from an experienced New York medical malpractice law firm.

What to Do If You Suspect Medical Malpractice

According to Johns Hopkins Medicine, 10% of all deaths in the United States are due to medical errors. With this number being so astonishingly high, it’s important to act immediately if you suspect medical malpractice. The first things you should do if you believe you have experienced medical malpractice are:

  • Seek medical attention from another doctor
  • Obtain a copy of your medical records
  • Use a journal to document your experience
  • Hire a medical malpractice attorney
  • Do not contact other parties involved in the case

How A Lawyer Can Help You

A medical surgery room

Medical malpractice claims are complex and often require substantial medical evidence, preparation, legal work, and sometimes an expert witness. Putting a claim together without the assistance of an experienced medical malpractice lawyer can be overwhelming. Hiring a medical malpractice lawyer can help ensure that you get the reparations you deserve.

What Qualifies As Medical Malpractice in NY?

Medical malpractice occurs when a health care provider intentionally or accidentally causes direct harm to a patient. Depending on the severity of this medical negligence, you may be able to make a valid medical malpractice claim.

For a medical malpractice claim to be valid, it must have the following elements:

  • At the time of the incident, the health care provider must have owed an inherent duty to the patient
  • The medical provider must have breached this call to duty
  • The proximate damage or harm to the patient must be as a result of the breach of duty
  • The nature of the ‘proximate cause’ should be the direct action that brought about harm to the patient

Examples of Medical Malpractice Cases

Although medical outcomes vary depending on the unique circumstances between patients, some cases are common and keep recurring. Some common examples of medical malpractice cases include:

  • Injuries inflicted at birth
  • Items are sewn up inside the body after surgery
  • A missed diagnosis that leads to wrong prescriptions
  • Insufficient oxygen under anesthesia leads to death
  • Insufficient standard of care

While the above forms of medical malpractice are the most common, essentially any harm caused to you by a medical professional, intentional or not, could be cause for a medical malpractice case. An experienced personal injury lawyer can help you decipher if you have a legitimate case.

Does Your Case Fall Under Medical Malpractice?

A medical malpractice attorney will offer you adequate guidance in filing a medical malpractice claim. A medical malpractice claim only has merit if an independent medical consultant agrees that there was indeed something the provider should/shouldn’t have done to prevent damage or injury.

Basic requirements to prove that medical malpractice occurred include:

  • A doctor-patient relationship existed
  • The doctor was negligent
  • The doctor’s negligence caused the injury
  • The injury led to specific damages (physical pain, mental anguish, additional medical bills, lost work and earning capacity)

The legal system offers no guarantees mainly because different cases hold different parameters for the court to consider. To increase your chances of having an informed process that makes you aware of your prospects, ensure that you have an experienced New York medical malpractice law firm assisting you.

The Leav & Steinberg LLP Team’s Process

To determine if you have a medical malpractice case, the team at Leav & Steinberg LLP performs a detailed analysis of your evidence. During this process, we will also determine which of your rights were violated. If you believe you have a medical malpractice case, it’s important that you contact Leave & Steinberg LLP right away to assist with your injury claim because the statute of limitations for medical malpractice in New York is two years and six months from the date of malpractice.

How the Leav & Steinberg Team Can Help

The Leav & Steinberg LLP legal team has helped several clients navigate the legal system, battle insurance companies, and receive million-dollar settlements in injury cases. Using our nearly 20 years of experience, we can help you get the reparations you deserve. Our team is committed to serving clients throughout New York City, including Staten Island, the Brox, Queens, and Manhattan. Contact our team or request your free consultation to learn more about hiring an attorney.