Medical Malpractice NYC: What You Need to Know
Surprisingly, more people are injured and killed in the United States by medical errors than by car accidents. Medical malpractice in New York is more common than many people believe. Are you a victim of medical malpractice? Don’t worry. You are not alone. In the fiscal year of 2013, there were a total of 262 settlements which resulted to a payout of $131 million. Before you pursue your claim you first need to know what medical malpractice means, the usual types of medical malpractice, and the requirements that you need to provide.
What is Medical Malpractice?
Medical malpractice is a result of a doctor’s incompetence. It is where the actions (or inaction) of a medical professional resulted in the patient’s harm. When a doctor’s diagnosis or procedure caused the patient’s injury or death, there is a possibility of medical malpractice. To be specific, a doctor’s decisions and actions should always be "reasonably skillful and careful." It should not fall below the accepted standard in the medical field.
What are the Types of Medical Malpractice?
There are three common types of medical malpractice claims:
- Misdiagnosis or failure to diagnose the illness – This is a case where a doctor incorrectly diagnosed an illness, wherein a competent doctor would have given a different diagnosis which could have lead to better results.
- Improper procedure or treatment of illness – In this scenario, the doctor’s procedure caused the patient harm, wherein a competent doctor would have opted for a different procedure which could have provided a better outcome. Also, even if the doctor’s choice of procedure was correct but the way it was executed was poor, there is also a possible claim for medical malpractice.
- Failure to communicate risks involved – If a doctor fails to inform the patient of all the known risks in any treatment or procedure, and it resulted to a patient’s injury or death, there is a possible case of medical malpractice.
What are the Requirements for a Medical Malpractice NYC Claim?
There are four things that you have to prove in order to have a medical malpractice nyc claim:
- Prove that there is a doctor-patient relationship – Officially, before you can sue someone, there should be records showing that he or she is really your doctor. You hired him/her to diagnose and treat your illness.
- Prove that the doctor is negligent – This is where being "reasonably skillful and careful" comes into play. You have to prove that a competent doctor would have taken a different course of action and decision-making which could have shown better results.
- Prove that the harm done is due to the doctor’s negligence – You will need an expert (possibly another doctor) to testify that the negligence is what really caused the harm.
- Prove that you were harmed – To prove that you were harmed; you have had to suffer certain damages such as physical or mental suffering, increased medical expenses, or even losing the capability to work/earn.
To better assist you, our medical malpractice nyc lawyers accept a limited number of "med-mal" cases. With a small case load, our team can devote the necessary attention to each client to help promote a positive outcome. We have an extremely high success rate which is why more than 200 attorneys refer and recommend us. Successful settlements and jury awards in medical malpractice cases often hinge on having a medical malpractice nyc lawyer who understands the professional standard of care as well as the medicine behind the injury. Our team has the medical malpractice skill and experience to clearly identify how and why your injury occurred, as well as the ability to clearly explain it to a jury.
Now that you have an idea what are the things involved in a medical malpractice nyc claim, you are now ready to take the next step. Contact Pulvers, Pulvers & Thompson today for your free legal consultation today and let’s see how we can help you in your medical malpractice nyc claim. Don’t be afraid to step up and do what’s right for you and your family.