Medical malpractice lawsuits can be extremely complex and involve a wide range of expert witnesses. Moreover, medical professionals and healthcare organizations have extensive legal teams that are trained to defend their actions against claims of malpractice.
Fortunately, a medical malpractice attorney can help you navigate the legal system and get the settlement that you deserve.
If you suspect that you have been injured due to the negligence of a healthcare professional, contact an experienced New York medical malpractice lawyer right away. The sooner you speak to a lawyer, the more evidence can be obtained and your claim will be put in its best possible position.
In order to sue a physician for malpractice, the plaintiff must prove that the doctor violated his or her duties and that those breaches directly led to the injury. To do so, the lawyer must present a variety of evidence, including the results of any tests that were taken and the medical records related to those test results.
The plaintiff’s attorney must also show that the physician failed to exercise reasonable care and skill in his or her duties by proving that there was an identifiable error that was a direct result of the physician’s failure to exercise the proper standard of care. The burden of proof is much lower in a medical malpractice case than the “beyond a reasonable doubt” standard required to convict criminal defendants.
When a physician commits malpractice, he or she can be sued for compensatory damages that include current and future losses. However, there are some states that limit the amount of damages that can be awarded in medical malpractice cases.
A patient can file a lawsuit against any healthcare provider who has acted negligently, including doctors in private practice and hospitals. Typically, the lawsuit will be filed against the individual doctor or hospital that committed the malpractice, and in some instances against a healthcare institution or corporation that employs the doctor.
Misdiagnosis: Doctors must order the proper diagnostic tests and carefully review the results in order to diagnose illnesses or injuries accurately and in a timely manner. If a doctor fails to do this and an injury occurs, he or she could be liable for malpractice.
Wrong treatment: This is when a healthcare provider diagnoses an illness or injury correctly but then fails to treat the patient properly. This can also constitute malpractice if it leads to the injury or death of the patient.
It is important for physicians to follow the appropriate standards of care in their practices, maintain open communication channels with their patients and their staffs, and keep accurate and meticulous records. Nonetheless, mistakes can occur even when these measures are in place. Therefore, physicians should be prepared to deal with malpractice allegations. If you have been the victim of medical malpractice, the attorneys at Sobo & Sobo are ready to help. We have offices throughout the greater New York and Orange County area, and we are available to discuss your medical malpractice lawsuit with you.