If you have suffered an injury due to medical malpractice, you may be able to file a lawsuit against the doctor or other healthcare provider who committed the negligence. In some cases, this can also include the hospital or clinic that employed them. medical malpractice lawsuit are often complex, and it’s important to have an experienced lawyer by your side to guide you through the process. The following article will provide some basic information about what is considered medical malpractice and how you might be able to file a claim for damages in a case of wrong diagnosis.
Medical Malpractice is a term that refers to any action or failure to act by a healthcare provider that falls below the standards of care for their professional discipline. This includes doctors, nurses, surgeons, anesthesiologists and other healthcare professionals. It can also include hospitals and medical facilities under certain theories of liability. In order for a medical malpractice case to be successful, there must be proof of 1) the existence of a doctor-patient relationship, 2) that the healthcare professional owed you a duty of reasonable care, 3) that they breached that duty in some way (malpractice), and 4) that the breach directly caused injury.
One of the most common examples of medical malpractice is misdiagnosis. In fact, misdiagnosis is actually the most common type of medical malpractice claim, and it can be extremely serious for victims. For example, if you are suffering from chest pain, the ER doctor might diagnose you with heartburn instead of a heart attack, which could be life-threatening.
In a medical malpractice claim, expert witnesses can be called to testify on the physician’s actions or inaction. These experts can be doctors who specialize in the same field as your physician, or they could be other medical professionals who have a good understanding of the relevant medical practices. Expert witness testimony can be crucial to a successful claim for malpractice, and your attorney can help you arrange for this as needed.
Depending on the severity of your injuries, you might be entitled to compensation for your medical bills, loss of income, physical and emotional suffering, and more. In New York, there are three main types of damages that a judge or jury can award: compensatory, non-economic and punitive. Your attorney will be able to explain the different types of damages that you might be able to seek and how they apply to your particular situation.
If you have been injured due to medical malpractice, contact an experienced attorney as soon as possible. A skilled medical malpractice attorney can handle the complex legal aspects of your case and fight to get you the compensation you deserve. The team of lawyers at Sobo & Sobo can offer a free consultation, and they have offices in Middletown, Monticello, NYC, Poughkeepsie, Spring Valley and other locations throughout the greater NY and Orange County areas. To schedule your free case evaluation, call or email the firm today.