What exactly is medical negligence? It is when a doctor or a health care professional acts negligently while treating a patient for a medical condition. It is a result of an action or inaction and the damages that result from it.
A main causes is the failure to diagnose a condition. Misdiagnosis is if a condition is not properly evaluated so that the correct treatment can be provided. A delayed diagnosis can result in serious side effects including death. If an illness or medical condition is undiagnosed too long the condition could escalate beyond repair.
A doctor can be responsible for medical malpractice if he/she fails to provide the patient with informed consent. This means the statistics and possible side effects must be made known so that the patient can make an informed decision as to how to proceed.
An lawyer should evaluate your potential case to see if you qualify for a medical malpractice law suit. If you can prove negligence and you suffered because of the negligence you have a great chance of success. On the other hand, if you did not suffer any side effects or damages it would smarter not to commence an action.
Medial malpractice lawsuits take time and money. Doctors must hired to confirm facts. Medical records must be purchased and the doctor's insurance company is going to fight.
Our lawyers will give you a free consultation and evaluate your case.
Call Gaines, Gruner, Ponzini & Novick, LLP @ 1-914-288-9595 or toll free @ 888-907-4law
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Medical Negligence occurs when a medical provider fails to exercise the kind of care and prudence that other providers in the same field of medicine provide. Medical negligence can occur in the form of recklessness, inattentiveness, or an omission. Common types of malpractice include misdiagnosis, failure to provide proper treatment of a patient's ailment, administration of the wrong medication, and the failure to inform the patient of the risks associated with a treatment or with information about alternative treatments. Tort law governs medical negligence. To establish that a provider's negligence was malpractice, a claimant must establish the following:
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2. The healthcare provider breached the duty;
3. The healthcare provider's breach caused the injury; and
4. The patient suffered damages because of the defendant's negligence.