Has a doctor made a mistake while treating you? You may think you have a medical malpractice case. However, there is more to a medical malpractice case than a doctor making a mistake during a patient’s treatment. The factors involved in showing or proving a medical malpractice case are:
- A medical professional made a mistake; and
- A patient was harmed by that mistake.
Therefore a medical malpractice case involves a mistake or error made by a medical professional that causes a patient harm.
What exactly is medical malpractice?
When a doctor, nurse, technician, or other medical professional does or does not do something that results in an injury or some other harm to the patient. A medical professional’s act or failure to act is known as “medical negligence.” In order to be medical malpractice this mistake or error must result in damage or harm to the patient.
At any time during medical treatment a mistake or omission can occur. In order to know whether a mistake or omission occurred you will need to know the standard of care. The standard is the generally accepted method or methods other medical professionals in the same area of practice and under the same or similar circumstances. Proving that your doctor breached the standard of care is the first step in proving a medical malpractice claim.
However, you need to prove more than that the medical professional made a mistake. Prior to filing a medical malpractice claim you will also need to show that the mistake caused damage or more harm. If there has not been any harm there has not been medical malpractice.
It must also be proven that the injury was connected to the medical professional’s negligence. This is known as “causation.” This can be the most difficult aspect of medical malpractice to prove. At least one expert witness will be needed to explain the mistake that caused the injury.
Medical malpractice cases can be very long with a lot to prove. It may take months or years for the case to conclude. However, you only have a certain amount of time to file a case. This is known as the statute of limitations. In New York the statute of limitations is two and a half (2 ½) years from the date of the injury.
But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected] You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.