What do you Need to Know for a Medical Malpractice Case

John Fisher
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Stopping Medical Injustice

Medical treatment almost always involves the patient having contact with numerous medical professionals.  Be it a primary care physician, nurse, physical therapist, surgeon, or a technician, they all must do their jobs professionally and within the standard of care prescribed by the medical profession.

Experience medical malpractice attorneys practicing civil litigation in the Hudson Valley regions of New York know that this does not always happen.  In fact, it is fairly common that a medical professional does something, of fails to do something, which causes the patient to suffer some sort of harm or injury.

These mistakes may give rise to a legitimate medical malpractice claim.  However, be aware that every mistake does not automatically amount to negligence.  The mistake made by the medical professional must have deviated from the standard of care that which is owed to the patient. 

What is the standard of care?  This is how the medical profession has said that the patient should be treated for his or her unique illness and or injury.  It sounds simple enough, but it is actually harder to determine than one might think.  Such is because there in not one set standard of care.  Many things factor in to determining the standard of care owed to the patient and whether or not the medical professional deviated from that standard. 

The patient’s gender, age, medical history, family medical history, his or her illness or injury, and even the geographic location in which the treatment occurred all factor in to determining the standard of care.  What does this mean? 

It means that the medical profession requires from doctors in Hudson, New York, something that may be different from that which is required from doctors in Afton, New York.  A patient with a long family history of heart disease will be treated differently than the patient whose history is devoid of cardiac issues.  And of course patients in their seventies are owed a duty of care unique from that which is owed to patients in their twenties. 

In short, medical professionals are judged against other medical professionals within the same geographic locations that which practice the same form of medicine.  If another doctor faced the same circumstances as did the offending doctor, but would not have made the same mistake, medical negligence could be at hand.

If a deviation has indeed occurred, there can only be a claim founded in medical malpractice if that deviation actually caused the patient’s injury.  Again, this sounds simple enough, but it is hard to prove and takes a lot of work on the part of even the most experienced attorneys. 

In sum, consulting with an experienced medical malpractice attorney is the only way to know if your doctor committed negligence.

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

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