Medical Malpractice and a Patients’ Bill of Rights

John Fisher
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Stopping Medical Injustice

You might have heard of a patients’ bill of rights before.  They are typically found posted on the walls of hospitals and doctors’ offices.  New York requires medical providers to propound a bill of rights for patients and they typically state things such as the right to receive treatment regardless of your age, sex, race, etc, and to receive emergency care, and to be told the name of the doctor who has treated you.  There are many more rights than that which is stated here, but one right you do have that is not listed in the patients’ bill of rights is the right you have to hold medical professionals civilly liable for harm caused by their negligence. 

You have the right to be compensated for the harm caused by your doctor’s negligent acts.  Negligence on the part of medical providers is called medical malpractice.  Any number of medical providers may be liable for malpractice, not just your primary physician.  This means that dentists, assistants, technicians, nurses, physician’s assistants, and even hospitals, can be held accountable for their negligence.

An experienced medical malpractice attorney is necessary so that you can focus on recovery while the attorney fights to get the compensation you deserve. 

An attorney will be able to prove the elements necessary for success against a negligent medical professional.  In every medical malpractice case, there needs to be proof that a duty of care was owed to a patient; that the medical provider breached his/her duty of care; that the harm complained of was caused by the negligence; and finally, the extent of the patient’s damages must be proven. 

While medical professionals owe a duty to not harm their patients, doctors do not have a duty to not harm everyone.  This means that in order for a duty to arise, there must be a doctor/patient relationship between the injured person and the doctor alleged to have committed negligence. 

Breaching this duty needs to be proved via expert testimony that the doctor did not care for the patient as required by the community within which the doctor practices and the specialty within which the doctor practices. 

Also important is the requirement that the patient prove how the doctor’s negligent act was the cause of his/her injury and not, for example, caused by some other external factor. 

Lastly, the patient must allege and prove the extent of his/her damages.  This means that proof of lost income, lost earning potential, permanent disability, medical costs, etc., must be fully documented at trial.

No person should have the burden of doing this alone while also trying to recover from an unnecessary injury.  An experienced New York medical malpractice attorney can help you get the compensation you deserve. 

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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