While it’s hard to imagine suffering a serious injury at the hands of a medical professional, medical malpractice in New York is more common than you think. Every day, doctors are at risk of making medical mistakes that can not only harm, but kill their patients. This includes misdiagnosing or failing to diagnose their patients’ conditions, prescribing dangerous medications, and making surgical errors. These risks are especially high for emergency room doctors who work the night shift and are sleep deprived. 

At Gacovino Lake & Associates, our medical malpractice attorneys in New York have handled cases in which a doctor’s carelessness resulted in a traumatic brain injury (TBI) leaving our client to live with cognitive disabilities, psychiatric problems, memory loss and paralysis. Death can also take place after a severe brain injury at the hands of a doctor or hospital. 

According to CadenceMed, 7.4% of doctors have a medical malpractice claim filed against them each year and 1.6% of doctors have a medical malpractice claim that leads to a payment.  

When a TBI occurs because of a doctor’s negligence, a medical malpractice case could be warranted. A traumatic brain injury, which is also known as an intracranial injury, happens when some kind of external force damages the brain. Each type of wound that affects the brain is classified based on severity, whether it penetrated the skull or not and the location of the injury itself. People who suffer with this sort of debilitation could have sustained a TBI through falls, vehicle accidents, violence or a medical procedure. 

Medical Malpractice that May Cause Brain Injury 

A common type of damage to the brain that may happen due to a doctor’s negligence is a birth injury. If oxygen is cut off from the baby’s brain during the delivery process, cerebral palsy or another kind of disability can strike the infant. This often means the child will have to live with a permanent affliction. 

Other types of medical malpractice that can cause brain injuries include: 

• Failed brain tumor surgery
• Failure to diagnose a brain tumor
• Infection due to surgery
• Medication or radiation overdose
• Improperly used anesthesia 

Symptoms of TBI vary depending on the type of damage and the part of the brain that’s affected by it. Oddly, unconsciousness may last longer for patients who have injuries on the left side of the brain. Signs of mild TBI may include: 

• Headache;
• Lightheadedness;
• Vomiting;
• Lack of motor coordination;
• Dizziness;
• Blurred vision; and
• Ringing in the ears. 

A person who suffers from moderate or severe TBI, however, will be affected by more serious indicators of brain damage. These symptoms can include: 

• A headache that never goes away;
• Repeated vomiting;
• Convulsions; and
• Slurred speech. 

Problems in social behavior also tend to occur in people who live with more serious cases of TBI. Cognitive changes such as problems with sustained attention and processing emotions are common with these types of injuries. However, these issues can be improved with specific types of rehabilitation. 

Contact a New York Medical Malpractice Attorney Today 

The Long Island personal injury lawyers at Gacovino, Lake & Associates have recovered millions of dollars in settlements and verdicts for our clients in cases of serious personal injury and wrongful death. We can help you get the restitution you deserve for your injuries, including financial compensation for medical bills, property damage, emotional suffering and mental anguish.

If you or someone you love has suffered a traumatic brain injury as a result of a doctor’s negligence, you may be entitled to seek and recover compensation for your losses in a medical malpractice claim in New York. Contact our firm to schedule a FREE legal evaluation of your case. We will carefully examine the details of your injury to determine whether you have a viable case. Call 1-800-246-HURT (4878) to start the process today.

Doctors are elevated to a very high level in today’s society. Their knowledge and training can make an important difference in our lives, often saving us from great harm. But when something goes wrong with the care they provide, medical malpractice cases are almost a given. 

New York Medical Malpractice – Attorney Explains How to Prove Fault 

The majority of New York medical malpractice cases occur because a physician was somehow negligent while treating a patient. This basis, though, is not enough to prove your doctor abused your trust, resulting in needless injuries. 

Demonstrating fault requires a number of logical steps to build a case against the medical professional. First, you must show that this particular doctor did, indeed, treat you. By supplying evidence of this fact, you are proving that a doctor-patient relationship existed with a specific individual. Also, it is imperative that you have proof that the doctor in question was the actual physician who caused your pain. This supports the claim that the doctor’s actions and/or judgment directly triggered the injury you suffered. 

In addition, the wound itself needs to be backed up by evidence. It’s critical that you are living with some sort of injury for any kind of medical malpractice case to proceed. 

Furthermore, you have to make it clear that the standard of care you received from this licensed practitioner was lower than what could have been found elsewhere. This aspect of your medical malpractice claim usually requires an expert witness to verify that the expertise you received was subpar. 

You may blame your doctor entirely for the medical problems you now face. But the reality is that more people than just your personal physician could be involved. Serious illnesses or injuries are especially prone to having multiple professionals touching the case at some point along the way. 

While severe health issues often warrant this kind of attention, it can make the process of determining negligence in a medical malpractice case much more difficult. Besides the primary physician, other parties who could be at fault may include: 

• Hospitals;
• Anesthesiologists;
• Nurses; and
• Pharmaceutical companies 

Because of this complexity, thorough investigations are needed to go through all of the evidence and figure out who is ultimately responsible for your injuries. 

If you have suffered as a result of a doctor’s negligence, contact our firm to schedule a FREE legal consultation with a New York medical malpractice attorney who can: 1) help you determine if you have a viable case; and 2) can help you gather the evidence necessary to seek compensation for your injuries. 

Get Legal Help Today – Hire a New York Medical Malpractice Attorney 

The personal injury lawyers at Gacovino, Lake & Associates have recovered millions of dollars in settlements and verdicts for our clients in cases of serious personal injury and wrongful death. We can help you get the restitution you deserve for your injuries, including financial compensation for medical bills, property damage, emotional suffering and mental anguish.

Contact our New York personal injury lawyers to schedule a consultation. Call 1-800-246-HURT (4878) to start the process today.

New York, along with several other states, has a “primary enforcement” statute, which means that a police officer or law enforcement agent can issue a traffic citation solely for an occupant’s failure to wear a seat belt. States with these laws generally have a higher percentage of seat belt law compliance.

If an occupant is unrestrained, including a minor, the driver is issued a ticket, so it’s the driver’s responsibility to ensure that all occupants are buckled and restrained properly. This law applies to both residents and visitors of New York.

Seat Belt Use and Car Accident Fatalities: Proof in Numbers

It’s common knowledge that seat belts protect occupants from some of the more dangerous hazards of a potential car accident, but the numbers cement the importance of proper vehicle restraint safety:

For instance, in 2009, it’s estimated that seat belt use saved an estimated 12,713 lives, and that 17,000 more lives might have been saved, had the occupants worn seat belts at the time of the collisions.

Furthermore, a study conducted by James Madison University concluded that more than 80% of children’s deaths from car accidents might have been avoided with the use of safety harnesses, child restraint seats or seat belts.

Not only can using a seat belt save your life, but it also can save you thousands of dollars, if not more, when you’re involved in and injured by a car accident.

Juries are less sympathetic toward those who refuse to buckle up to protect themselves. If you have been hurt in a car accident, contact a Queens personal injury attorney who can help you at once.

Wearing a seat belt during a car accident can reduce the risk of fatal injury to a front seat passenger by 45% and reduce the risk of serious injury by 50%. If that’s not enough of a reason to buckle up, the state of New York can provide you with one more: it’s the law.

New York state law requires that all motor vehicle occupants be properly restrained, including children. The child restraint laws require:

• children to use an approved child safety restraint mechanism until they are 8 years old;
• the system to be compliant with size and weight requirements as determined by federal regulation;
• the system to comprise a child safety seat, a harness, vest or booster seat, but may not be only a seat belt; and
• the seat or device can be used lawfully only in the back seat.

Furthermore, it is recommended that a child safety restraint system continue to be used if a child of 8 years or older who is less than 4’9” or weighs less than 100 pounds until he or she grows taller or larger.

Medical Exemption against New York Seat Belt Laws

Although seat belts increase protection from death and serious injury in almost every possible circumstance, it’s possible that you may be exempt from complying with seat belt laws because of a physical condition or medical complication. In that case, your doctor must certify your condition and exemption in writing on physician’s letterhead, and you must have it with you when you travel.

If you or someone you care for is injured in a car accident in Queens, a personal injury attorney can help. Your odds of being severely injured decrease substantially if you’re wearing a seat belt, but you still may sustain damages. If someone else’s negligence or recklessness on the road caused your accident, contact our law office to learn more about your options – 1-800-246-4878.

An Overview of Remicade

This drug is mostly used to treat some forms of arthritis, such as psoriatic and rheumatoid arthritis. But it can also be prescribed for bowel conditions like ulcerative colitis and Crohn’s disease, along with a skin condition called chronic plaque psoriasis. Remicade helps to slow down or stop the damaging effects of these diseases. For instance, it can reduce the inflammation experienced in arthritis.

This is an injectable drug that can be given in a physician’s office or at home. It must be given in a precise manner, with the dosage depending on factors, such as the patient’s weight, type of medical condition it is treating, and the patients response to it.

Considering the side effects, some doctors first opt to try other types of medication. Failure to notify you of the potential serious risks associated with Remicade could be considered medical negligence.

Remicade Side Effects

Mild side effects of this medication include nausea, headache, and abdominal pain; however, if these symptoms worsen or don’t go away, it could indicate a more serious problem.

Some of the other Remicade side effects that may be experienced and are more serious include:

• irregular heart rate;
• swelling or pain at site of the injection;
• shortness of breath;
• pain in the joints or muscles;
• swelling or pain in the arms, feet, ankles, or legs;
• bruising or bleeding easily;
• chest pain;
• vision changes; and
• facial rash in the shape of a butterfly.

In addition, Remicade can make it difficult for the body to fight off infection. Some of the more common, potentially deadly ones that can be acquired are fungal infections and tuberculosis. Symptoms of an infection can include oral thrush, fever, frequent or painful urination, chills, difficulty breathing, night sweats, and persistent sore throat or cough.

Since the immune system is being compromised while taking this medication, it also poses the risk of a patient developing skin cancer, lymphoma or other types of cancer. Although the risk is small, it is still a risk, which patients should be warned.

Another severe Remicade side effect is liver disease, which can become fatal. Symptoms of liver disease include yellowish coloring in the skin/eyes, dark-colored urine, stomach pain, and extreme fatigue.

As with any other medication, there is also the risk of suffering an allergic reaction. A patient may experience dizziness, swallowing difficulties, rash, and swelling or itching of the throat, tongue, or face.

Filing a Medical Malpractice Claim Stemming from Remicade Injuries

Doctors should be aware of these dangerous Remicade side effects. When the decision is made to prescribe this medication, it is generally because they believe the benefits outweigh the risks; however, they should be discussed with a patient beforehand.

If the doctor does not discuss side effects, or a patient is not taken off the medication when symptoms develop, this may lead to the filing of a medical malpractice claim. You will need to prove that the doctor was negligent and because of that, it resulted in serious or fatal injuries.

Contacting a New York Medical Malpractice Attorney

When you have sustained a serious injury or lost a loved one as a result of a dangerous drug, contact an attorney at Gacovino Lake & Associates. We have formed a dedicated network of medical malpractice attorneys that serve residents of the 5 boroughs and clients nationwide. For experienced help with your malpractice claim, contact us today – 1-800-246-4878.

If you or a loved one suffered this type of serious injury, it may be considered a form of medical malpractice and lead to the filing of a claim. The effects of this surgical mistake can be life-altering, which is why you should speak immediately with an attorney.

Common Causes of Surgical Burns

There are a variety of ways that a patient can be burned. It can happen at the hands of a dentist during oral surgery, or it can happen during other surgical procedures involving a nurse, technician, surgeon, or other medical professional.

A common cause of a surgical burn is equipment, which can be faulty or improperly used. For instance, the electric dental hand pieces that are used to remove a tooth have been known to cause severe burns to some patients due to overheating.

What makes the injuries even worse is that most of these patients are anesthetized, so they are unable to feel the heat. Some of these burns have required cosmetic surgery.

Electrosurgical equipment or laser tools that are incorrectly used in minimally invasive surgical procedures can lead to surgical burns on tissue. Failing to prep the skin with a solution that combats flammable dangers with electric cautery devices also can cause burns.

Even MRIs, fiber-optic lighting or IV solution bags are at risk of sensors or coils overheating or failing. When equipment is not used, repaired or maintained properly, it can lead to serious injuries.

Another common cause of surgical burn injuries is general negligence. For instance, using a flammable anesthetic, failing to use 100% oxygen, not allowing topical solutions to dry, improperly draping a patient, and incorrect use of heat sources, when combined with alcohol-prepping, can all lead to surgical burns.

Proving Liability in a Medical Malpractice Claim

In order to hold a medical professional liable, you will need to establish negligence. It could have resulted from miscommunication, rushing through a procedure, inattention to detail, fatigue, inexperience, or lack of training.

No matter what the underlying cause for your injuries, if it can be established that they were preventable and directly related to your doctor’s actions or failure to act, they may be held liable. You will need proof, such as chart notations, medical records, test results and any other documentation, related to your procedure and resulting injuries.

Liability can be found with a surgeon, physician, nurse, anesthesiologist, dentist, oral surgeon, and anyone else responsible for your care at the time of your injuries. Talking to a medical malpractice attorney can help you learn who may be found at fault.

Consequences of Surgical Burn Injuries

The consequences of this type of injury can be devastating, leading to scarring and disfigurement. The impact on a patient can go far beyond the physical injury to psychological damage.

Some burns are so severe that they may even lead to death. No matter the outcome, when the injuries are severe, it could result in compensation for you. This compensation can address financial, bodily, and emotional losses experienced as a result.

You could be compensated for your current and future medical expenses, current and future lost earnings, earning potential (if you are now disabled), mental anguish, pain and suffering, reduced quality of life, and more. If the burn injuries were fatal, your family may be able to receive wrongful death benefits.

Contacting a New York Medical Malpractice Attorney

When you have sustained a serious injury or lost a loved one as a result of medical negligence, contact an attorney at Gacovino Lake & Associates. We have formed a dedicated network of medical malpractice attorneys that serve residents of the 5 boroughs and clients nationwide. For experienced help with your malpractice claim, contact us today – 1-800-246-4878.

As the incidence of medical malpractice rises, so does the number of medical mistakes that result in wrongful death. The Institute of Medicine concludes that medication errors and malpractice injure 1.5 million Americans each year, and an estimated 225,000 of those patients die as the result of their injuries.

Legal Definitions and Requirements

The legal definition of wrongful death is the death of any individual as the direct product of another person or entity’s negligence. “Negligence” and “malpractice” often are used interchangeably when the allegedly negligent party is a professional.

In order to prove that malpractice caused the death, it must be shown that:

• a duty of care was owed;
• the physician breached that duty in some way;
• the breach resulted in direct harm to the patient; and
• that the harm ultimately caused death.

The different elements of a wrongful death claim include:

• the cause of death;
• strict liability of the death; and
• who can legally claim the wrongful death award or settlement amount.

Generally, wrongful death claims are brought by:

• spouses;
• children;
• relatives; and
• any other members of the decedent’s estate.

In New York, who can and cannot file a wrongful death claim on behalf of another is determined by the New York Surrogates Court.

To learn more about whether or not you are likely to be ruled eligible to file a wrongful death claim for medical malpractice, consult an attorney from a Bronx med mal law firm. Our attorneys will explain your rights and fight for them in court. Call 1-800-246-4878.

Each year, there are more deaths from medical malpractice than there are from AIDS, breast cancer and auto accidents combined. Even so, instances of negligence in the medical community still go underreported.

When You’ve Lost a Loved One

To prove that a wrongful death was the result of medical malpractice, you (the plaintiff) and your attorney must demonstrate that the doctor, nurse, hospital staff member or other medical professional acted in such a way that his or her negligence directly caused fatal harm to the patient.

Among the many medical negligence case types, there are:

• surgical malpractice;
• medication errors;
• anesthesia error;
• improper consent before a medical procedure;
• bacterial infections;
• birth injuries;
• dental negligence;
• errors in diagnosis (either misdiagnosis or failure to diagnose); and
• psychiatric malpractice.

Medicine is not an exact science, and doctors cannot always be held responsible when a treatment is not as effective as anticipated; however, when a physician behaves negligently and provides a lower standard of care than he or she is capable of, and that care results in harm, then the doctor should be held liable – particularly, when that negligence results in a wrongful death.

Doctors and their staffs have a higher duty of care than the average person, and they have a professional obligation to act with the highest integrity and treat patients correctly, as near as they are able.

Seek Help from a Bronx Med Mal Law Firm

If you’ve lost a loved one to medical malpractice, speak with an attorney from a med mal law firm about filing a wrongful death claim. Negligent medical professionals must held accountable for the damage they cause and our lawyers will fight for you. Call us today – 1-800-246-4878.

Medical malpractice is defined as “professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.” There are countless scenarios that can constitute malpractice, from surgical mistakes to prescription drug errors. Each state has its own standards for medical care, so malpractice laws will vary by jurisdiction. That’s why legal guidance is so valuable during this difficult time.

Contacting a legal professional is the first step in filing a malpractice suit. You may feel that you have a case but won’t know for sure until you speak with someone who understands the law. Malpractice attorneys deal with hurting and heartbroken clients every day and are usually very caring and understanding. This is especially true when the case involves wrongful death, so you should find your prospective lawyer to be respectful and kind during your consultation.

While grief can make decision-making difficult, time might be of the essence. There may be evidence that needs to be gathered, while it’s still available, in order to build your case effectively; therefore, if you think your loved one’s death may have been due to a doctor’s mistake, you should look into seeking representation right away.

There are quite a few things to remember when filing a New York wrongful death claim stemming from medical malpractice. When you first consult a personal injury attorney, you will need to present specific documents that help answer certain questions about your loved one’s death.

To prove that a medical practitioner did not provide the accepted standard of care to the deceased and that this negligence caused or contributed to the person’s death, there needs to be some form of proof.

Medical records, medical bills, and reports, from those who have knowledge of the loved one’s final days, all can help build and support your medical malpractice case. Also, if there was an autopsy, it can be a big help in determining negligence.

This information helps your personal injury attorney establish a case for wrongful death, which is the first stage of a New York wrongful death claim. The next stage is to recover financial compensation for the pain and suffering of the person who died because of a doctor’s negligence. The compensation is awarded to the estate of the deceased.

In New York, the family, of someone who died from malpractice, can receive compensation for pecuniary (financial) losses but cannot receive compensation for the emotional pain and suffering of the family. The amount of compensation a family can get depends on many factors. An economist can project how much money a person would have earned had he or she lived out an average life span and factor in other earnings as well, in order to arrive at an appropriate compensation amount.

Contacting a New York Wrongful Death Attorney

The death of a loved one caused by medical malpractice is a devastating event. The attorneys at Gacovino Lake & Associates can guide you through each step of the wrongful death claim process and work toward getting you the compensation that’s rightfully yours. Call today at 1-800-246-4878.

If you or someone you love has suffered injuries as a result of medical malpractice, compensation may be available. Speaking with an attorney about your case can help you learn if your claim is valid and worth pursuing.

Common Causes of Organ Damage

One of the main causes for organ damage is a result of a surgical mistake. Whether you are undergoing heart surgery, gastric bypass or other invasive procedures, this could lead to an accidental nicking or cutting of an organ, or making an incorrect incision.

Another cause for organ damage is when an infection develops before or after surgery.

Failing to treat the infection could lead to permanent organ damage.

Certain medications that are prescribed by a doctor can cause organ damage because of side effects. Failing to inform a patient of this risk may be considered a form of negligence, or it may be that an incorrect dosage was prescribed, leading to damage.

Most of these mistakes are preventable and stem from carelessness or recklessness. This could lead to your doctor or surgeon being held liable for your injuries.

Consequences of Organ Damage

This type of medical malpractice can lead to serious, life-threatening consequences including:

• malnutrition;
• hemorrhaging;
• digestive problems;
• chronic pain;
• infections;
• acute/chronic diseases; and
• death.

As a result, other consequences that can be felt are financial. Organ damage can lead to additional medical expenses, with some lasting a lifetime. When organs aren’t properly functioning and it develops into acute or chronic diseases, treatment costs can be significant.

Establishing a Medical Malpractice Claim

In order to pursue compensation for your medical expenses and other damages, you will need to prove that your doctor or surgeon was liable. You will first need to establish that your healthcare provider owed a duty of care to you. If you are under the care of a doctor and are receiving treatment, this can usually be easily proven.

The next step in your medical malpractice claim will be proving negligence. However, establishing medical negligence may be more of a challenge than you think, depending on the unique circumstances surrounding your case.

You will need adequate evidence that proves liability such as medical records, lab reports, prescriptions, statements from other healthcare providers, or even expert medical testimony. An attorney who handles medical malpractice cases on a regular basis understands the types of evidence that will be necessary.

Finally, you will need to establish that it was the doctor or surgeon’s negligence that directly caused damage to your organ. The other side may try to argue against this. For instance, they may say that you had full knowledge of the risks of organ damage when taking a medication prescribed to you, even though you didn’t.

Or they may try to blame a pre-existing condition as the cause of your organ damage. Your attorney will help you refute those claims.

Damages in a Medical Malpractice Claim

The damages that you may be entitled to are not limited to just your medical expenses. You could also be compensated for your lost wages during the time you are unable to work. And if there will be future medical treatment, then those costs and future lost income may be recoverable.

In addition, you could receive compensation for the psychological damage suffered as a result of medical malpractice. Damages may be available for pain and suffering, disability, mental anguish, loss of quality of life and wrongful death.

Contacting a Medical Malpractice Attorney

When you have sustained a serious injury or lost a loved one as a result of medical malpractice, contact an attorney at Gacovino Lake & Associates. We have formed a dedicated network of medical malpractice attorneys to serve residents of the 5 boroughs and clients nationwide. For experienced help with your malpractice claim, contact us today – 1-800-246-4878.

However, this is not always the case. Government entities have been entitled to sovereign immunity, which prevents them from being sued and found guilty in a court of law. However, many federal and state governments have passed laws over the years that have reduced the immunity of many entities. The laws vary in each state, and many are based on a federal law called the Federal Tort Claims Act.

Going up Against the Government in a Premises Liability Claim

If you are looking to initiate a premises liability claim against a government entity, you will need to follow the entity’s immunity laws, many of which limit the liability against many premises defects. This limiting of liability is done by establishing a very low standard of care, such as the care a private person would owe to someone who visits their property, instead of the ordinary care that most states would owe to a private party. The standards also can vary by state and by incident, based on the defect and whether or not use of the property was paid for by the injured person.

Immunity is also limited in cases of special defects. This can include a dangerous defect or impairment on a street, road or highway. The government can take action to prevent injuries even if it did not create the defect. In fact, it should act on any special defect it is aware of, or it still can be liable for injuries.

Conditions for a Premises Liability Claim against the Government

Premises liability claims can be difficult to file because of the many laws involved. However, there are two main conditions that must be met in order for the lawsuit to withstand court. Contact a premises liability lawyer in New York if your case meets the following conditions:

• The government caused a premises liability claim injury by acting as a normal citizen. If the injury is unique to a government agency, then it is not eligible for a lawsuit.
• Your injury occurred no more than 60 days ago because a premises liability lawyer will need to begin the documentation work on your claim within 60 days of the date your injury occurred.

In any case, the government entity has the legal responsibility to ensure its property is safe and free from hazards so people who regularly visit the property, such as repair personnel, utility companies and the general public, are not injured. If you feel the government is at fault for your injury, contact a premises liability lawyer in New York as soon as possible. A knowledgeable lawyer can help research your case and determine how to file your case correctly. The many laws and immunities can be confusing. Plus, it can be difficult to determine the jurisdiction of your case, and you may need to file your premises claim in several areas.

Contacting a Premises Liability Lawyer in New York

If you are injured on the premises of a government entity, consult a premises liability lawyer at Gacovino Lake & Associates for a free consultation. Call them at 1-800-246-4878 and have them review your case. They are experienced in handling premises liability cases throughout the United States and have won fair settlements that involved injuries such as dog bites, slips, falls, collapsed floors and ceilings, fires, explosions, and malfunctions. Gacovino Lake & Associates is experienced and knowledgeable of immunity and state laws regarding premises liability and government entities.

To show negligence, your medical malpractice attorney must prove beyond a reasonable doubt that the health care provider did not fulfill all 4 burden of proof elements described below.

Burden of Proof Elements in a Medical Malpractice Case

Standard of care can be defined as the skill required to give a patient medical treatment. The medical community, which determines standard of care, has identified 4 elements required to prove medical negligence. The court calls this the “burden of proof.”

The elements of the burden of proof include:

• duty to care;
• breaching the duty to care;
• injury; and
• connection of duty and injury.

Duty of Care

A malpractice attorney must first prove the medical professional had a duty to care for the patient. The fact that the patient sought services from a credentialed medical professional can be used to show duty of care. Also, the fact that the medical professional was tasked with Identifying the patient’s symptoms can help prove duty of care.

Breaching of Care

Once the attorney proves the health care professional was competent in delivering medical care to the patient, he or she must then prove how the professional did not follow through with the medical care. The attorney may request a medical expert to come to the trial to identify some of the misses the health care professional made in treatment.

Injury

A medical malpractice case must prove there was an injury because of the neglect in health care and this can be in the form of:

• physical ailments;
• emotional distress; and/or
• economic loss.

A medical malpractice attorney proves this by collecting documentation from other health care professionals identifying that you have an injury, physical or emotional. For economic loss injuries, an attorney may contact your employer for proof of sick leave use or a leave of absence.

Connection of Duty and Injury

Once your malpractice attorney identifies that you needed care, the health care professional could provide that care and an injury occurred after medical treatment, a correlation between the injury and the health care professional’s duty to provide standard of care must be proven.

Many attorneys will ask experts to discuss injuries and their correlation to medical neglect suffered.

To fulfill all 4 requirements of burden of proof, a medical malpractice attorney must have the knowledge and skill to collect necessary documentation and bring experts to trial to prove beyond reasonable doubt injury occurred because of a standard of care negligence.

When Hiring an Attorney

When looking for a medical malpractice attorney, it’s important to consider the following qualities:

• the attorney must be experienced in medical malpractice law;
• he or she must have trial experience; and
• he or she must have experience in finding medical experts to support malpractice claims.

There are many potential parties in a medical malpractice case:

• hospitals;
• doctors;
• nurses;
• lab technicians; and
• surgeons.

The multiple parties make these kind of cases even more difficult to pursue. However, with experienced legal counsel on your side, you’ll have a good chance at recovering all of your losses.

Contact an Experienced Medical Malpractice Attorney

Seek the medical malpractice law services of Gacovino Lake & Associates. The attorneys at this practice have litigated over 20,000 cases in the last 10 years. These positive settlements have resulted in millions of dollars in damages for victims of personal injury.

Trust in malpractice attorneys who know what it takes to win a malpractice case. Contact Gacovino Lake & Associates at 1-800-246-HURT now to learn how to receive compensation for the damages you incurred from negligent health care.