Doctors and other medical professionals have a legal duty to provide their patients with proper care. However, mistakes do occur and these errors may cause serious harm. If you have been harmed due to a healthcare provider’s negligence, it is important to contact a New York City medical malpractice attorney for help. A lawsuit can lead to compensation for damages and losses, including lost income and medical expenses.
To file a successful claim, it must be proven that a health care professional breached their duty of care to you as a patient and this proximately caused your injuries. This is also known as “breach of the standard of care” and it refers to a health care provider’s actions or inactions that fall short of what another reasonably prudent healthcare provider with comparable training would have done under similar circumstances. It is often helpful to have a healthcare expert witness testify in support of your claims. These experts will be able to establish the appropriate standards of care and demonstrate that your medical provider failed to meet this standard, resulting in injury or death.
There are many different types of medical malpractice cases and the people who can be held liable for them include doctors, nurses, hospitals, physician’s assistants, surgeons, pharmacists, and nurse practitioners. A hospital’s administration can also be liable for hiring incompetent personnel. These types of claims are filed in state court or, under limited circumstances, federal court.
Misdiagnosis is one of the most common forms of medical malpractice. It occurs when a medical professional diagnoses a condition incorrectly or fails to diagnose a condition at all. This can have serious consequences for the patient, such as additional complications or even wrongful death.
The other major issue with medical malpractice cases is proving that the negligent actions or inactions directly caused your injuries and resulting losses. It is often difficult to prove this, especially if your injury was caused by an underlying condition that predated the negligent treatment. A lawyer will know how to gather and review all relevant documentation and work with medical experts to build a solid case on your behalf.
Medical malpractice cases can be extremely complex and involving. This is because the burden of proof is higher than it is for other kinds of personal injury cases, and you must convince a jury that the doctor’s actions were more likely to have been the cause of your damages than not. This is known as the “preponderance of evidence” standard and it is a lower standard than that required to convict someone in a criminal trial.
Hiring an experienced New York Medical malpractice attorney for healthcare negligence to handle your claim will put you in a better position to get the money that you deserve. The lawyers at Cellino Law understand how to level the playing field against powerful healthcare providers and their insurance companies. Contact us today to get started. We offer a free consultation and case evaluation.