Medical malpractice is simply a form of negligence in which a medical professional has failed to meet the standard of care owed to the patient and that failure has caused the patient to suffer some sort of damage. In order to successfully recover from your loss, you should always consult with an attorney.
A medical professional is any person, whether a physician, surgeon, nurse, dentist, chiropractor, etc., who has treated the patient in relation to the harm that the patient now claims to suffer from. In order to prevail on your claim, your experienced Kingston New York medical malpractice attorney will have to prove that there was a relationship between the doctor and patient triggering a duty to the patient to not cause adverse harm to the patient. There must also be proof that an act of negligence existed; that the negligence caused the harm complained of; and finally, damages must be proved.
Negligence in the medical setting may be either a direct act, such as performing surgery in a way that falls below the standard of care in the medical profession, or it may be a failure to act, for example, by failing to diagnose the patient properly.
The standard of care in the medical profession will vary depending on the type of care offered to the patient and the community in which the alleged malpractice occurred. Simply put, the medical professional’s actions are compared to others who practice in the same field and within the same community. If the doctor’s actions failed to meet that standard, then he/she could be liable provided that such failure actually caused the harm complained of by the patient.
Damages are just like it sounds. It simply means that there is a real, existing harm that is suffered by the patient. It could be many things, but most often, it is pain, suffering, the cost of further medical care, lost wages, and even the loss of future earning potential. Further, damages fall into two broad categories: compensatory and punitive. Compensatory damages, for example, would compensate the patient for money spent on medical bills attributed to the doctor’s negligence. Punitive damages are meant to punish the doctor with the hope that such would serve to deter future medical malpractice.
While there may be many ways to commit medical malpractice, you should consider consulting an experienced Kingston New York medical malpractice attorney if you have suffered from any of the following typical forms of malpractice:
- Surgical errors, such as a foreign object left in your body after surgery
- Failure to diagnose an illness, ailment, disease
- A wrong diagnosis or a late diagnosis
- Injury to a baby or mother during child birth or during prenatal care
- Failure to prescribe the proper medication, or prescribing the wrong dosage.
If you or a loved one is suffering from the negligence of a medical professional, contact an experienced Kingston New York medical malpractice attorney today.
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.