New York Medical Malpractice Lawyer Guide

Medical malpractice is when a medical professional fails to act as a reasonably and professionally. If a malpractice causes injury or illness to a patient, the aggrieved party can file a legal claim to seek compensation for their losses and sufferings.

Medical malpractice could be due to some errors, mistakes made by a hospital, doctor, and other medical professionals. It may also involve below-standard care and failure to perform a necessary action in order to prevent causing harm to the patient. A malpractice can include failure to diagnose, prescription errors, mis-diagnosis, surgical errors, birth injuries, nursing home abuse, etc.

Medical mistakes are emerging as a national epidemic. According to Harvard research, nearly 98,000 people die each year in the United States as a result of medical malpractice. Thousands more are injured annually and suffer illness as a result of medical errors. Although the incidence rate of malpractice is high, only two percent of injured patients seek compensation through a lawsuit.

A party which caused injury to a patient as a result of medical negligence or wrongdoing may generally be held liable for medical malpractice. Hospital staff like physicians, anesthesiologists, surgeons, emergency care staff, nurses, private hospitals, and government institutions may be held responsible for patient’s injuries that are caused as a result of malpractice.

In a medical malpractice case there are three things which needs be proven. Firstly, the injured party must show that the defendant (against whom the case is filed) failed to act in accordance with the established standards of medical practice. This may require an expert medical testimony confirming that the defendant committed malpractice. Next, it must be proved that the patient’s injury or suffering was caused due to negligence or wrongdoing .Lastly, the damages caused by the medical authority needs to be shown.

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