Do I Have a Medical Malpractice Case?

When you check into a hospital for treatment, surgery, or the birth of a child, you rightfully expect safe, expert-level care. Unfortunately, medical errors made by doctors, nurses, or other medical professionals lead to many catastrophic and even fatal injuries for newborns, children, and adults alike.

Medical malpractice occurs when a doctor or medical staff injures a patient due to negligent action or omission. A Johns Hopkins study estimated that more than 250,000 Americans die each year because of medical mistakes, which makes medical malpractice the third-leading cause of death in the U.S., following only heart disease and cancer.

If you believe you or a loved one are the victim of medical negligence, a skilled personal injury lawyer can pursue a medical malpractice lawsuit to hold the negligent parties accountable. You may be entitled to compensation for present and future medical costs, lost wages, diminished earning capacity, and pain and suffering.

Some examples of medical malpractice include:

• Improper diagnosis or failure to diagnose
• Misinterpreted or ignored lab results
• Unnecessary surgery or surgical errors
• Incorrect medication or dosage
• Insufficient aftercare or premature discharge
• Disregard for patient medical history
• Improper testing or failure to test
• Unrecognized symptoms

For a medical injury to be classified as medical malpractice under the law, you and your attorney must show that your medical care provider was responsible for:

A Violation of the Standard Care

The “standard of care” relates to established and acceptable medical standards recognized in the profession on which patients can rely when medical care is provided. As a patient, you have the legal right to expect these standards to be upheld, and if they are not, negligence could be established.

Medical Injury Caused by Negligence

In addition to showing a breakdown of standard care, in a medical malpractice case, your attorney must also prove the injury would not have happened without negligent action or inaction. To have a case, negligence must be a direct cause of the injury.

Significant Damage from Injury

For a viable medical malpractice claim, a patient must display a loss of income or other hardship, significant medical costs, unusual pain, or short- or long-term disability. This can be illustrated by the testimony of a medical expert and a full accounting of your records and financial statements related to your injury.

Contact a Brooklyn Medical Malpractice Lawyer

Do not be intimidated by the thought of taking on a large hospital whose negligence led to a serious injury that impacted your life. Goldberg Sager & Associates can conduct a full investigation to gather the evidence necessary to prove your injury claim. Call our New York City personal injury attorneys at 718-514-9516 for a free consultation.

Sources:
https://www.cnbc.com/2018/02/22/medical-errors-third-leading-cause-of-death-in-america.html
https://www.abpla.org/what-is-malpractice