Medical malpractice occurs when a patient is harmed by a doctor or other medical professional who fails to competently perform his or her medical duties.
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A dissatisfactory medical outcome is not necessarily equivalent to medical malpractice or negligence. For a Plaintiff to recover under a medical malpractice or negligence claim, a Plaintiff must prove that a doctor-patient relationship existed, the doctor was negligent with the Plaintiff’s diagnosis or treatment (must show that the treating medical professional failed to act with reasonable care, and deviated from good and accepted standards of medical practice), the medical’s professional’s negligence caused the injury, and that the injury resulted in specific damages.
For a doctor, nurse or other medical professional, the objective is to demonstrate that you were not negligent in the treatment of the Plaintiff. Typically, this comes in the form of arguing that the medical care given fell within known standards as well as claiming some degree of contributory negligence on the part of the Plaintiff. There are other defenses available for the medical professionals, but these defenses will depend on the facts of the specific case.
There are many different situations which can result in a medical malpractice claim. For example, a doctor may leave a sponge in a patient’s stomach during an operation or a treating physician fails to inform a patient that a prescribed drug may cause heart failure or lead to a different adverse medical condition. Most medical malpractice claims fall into one of the following categories:
- Failure to diagnose a medical condition
- Improper treatment
- Failure to warn a patient of known risks/Lack of Informed Consent –
- Prescription drug errors
- Anesthesia errors
- Surgical errors, including operating on the wrong body part
- Birth injuries, including cerebral palsy, Erb’s palsy and shoulder dystocia
- Medical staff negligence
- Patient abuse
Call an Experienced and Reputable New York Medical Malpractice Attorney Today
If you have been injured due to a mistake by a doctor, nurse or other medical professional, you may be entitled to compensation to cover the costs. In order to determine if you have a valid claim for medical malpractice you should contact The Law Offices of Effie Soter, P.C. to schedule a free consultation to discuss your rights. Call us at 646-504-7384 to learn more about your rights so that we can obtain the best outcome for you.