Medical negligence is currently estimated to be the third leading cause of death in the United States behind heart disease and cancer. New York residents are increasingly hiring attorneys to assist them with medical malpractice cases that are affecting themselves and their families.
What Is Medical Malpractice
Simply put, medical malpractice occurs when a medical professional causes injury to a patient by making a mistake or through ignoring something important. The negligence could occur as an error in treatment, diagnosis, or in aftercare. To be considered malpractice under the law, the claim must show a violation in the standard of care. This is the standard medical treatment that any reasonable physician would prescribe under the same situation.
Patients have a right to expect that their physician will follow consistent procedures in their treatment. Once there is established negligence, a legitimate malpractice claim needs to show an injury as a direct result of that negligence. An unfavorable outcome of treatment is not sufficient to show malpractice. The patient needs to prove that the injury happened only because of the actions of the medical professional. For a claim to be viable, the patient needs to have suffered severe damages including disability, loss of income, unusual pain or suffering, and significant medical bills.
Examples of Medical Malpractice
Medical malpractice can include mistakes in the diagnosis of a patient including misreading or ignoring lab results, a failure to order proper testing, ignoring or not taking a proper patient history, or failing to recognize symptoms. Malpractice can also occur during the treatment of a patient including improper medication or dosage, performing unnecessary surgery, making a surgical error, performing improper aftercare, or discharging a patient too soon.
When to Hire an Attorney
If you believe that you or a family member have suffered from medical malpractice, the first step is to contact a board-certified medical malpractice attorney for help in determining if you have a viable case. Hiring an attorney can give you peace of mind and allow you to focus on your recovery while they negotiate on your behalf. Attorneys have a better knowledge of the court system and can help you obtain a larger settlement for your case than you could yourself.
For more information about a medical malpractice lawyer in Queens County, NY contact the Law Offices of Joseph J. Perrini, III or visit the website.
