Q: What constitutes medical malpractice?

What constitutes medical malpractice?

medical malpractice occurs when the care provided is not aligned with the standards set for physicians and the result is injury or death to the patient.

Listed below are some of the circumstances in which medical malpractice can occur:

  • Incorrectly diagnosing a disease – The doctor either fails to diagnose the disease or diagnoses it as something else.
  • Failure to inform patient of risks – The doctor does not correctly explain procedures or medications.
  • Negligence – The doctor’s conduct falls short of what is expected as a medical professional.
  • Prescribing the wrong medication – The doctor prescribes medication that a patient has an allergic reaction to or which would interact negatively with other prescribed medications.

The following components clearly explain what constitutes medical malpractice. If these 4 elements exist in your case, you should consider consulting a New York medical malpractice attorney as soon as possible about potentially filing a medical malpractice claim:

  • Duty was owed – When a doctor, hospital, or health care provider cares for or gives treatment to a patient, a legal duty exists. Once the doctor agrees to treat you, it is legally his or her duty to do so.
  • Duty was breached – The doctor, hospital, or healthcare provider failed to live up to the standard of care. Testimony by other professionals or obvious physician errors constitutes the standard of care.
  • The breach caused an injury – The breach of duty above led to the cause of injury for the patient. In other words; the doctor’s mistake caused harm to the patient.
  • Damages – Individual losses can be both emotional and financial. In some cases, the doctor mistakes can lead to additional medical procedures, a worsened or new medical condition and possibly even death. Extra costs incurred by the patient or patient’s family can include funeral and burial costs, medical bills, additional treatment, lost wages, and pain and suffering.

Contacting a New York medical malpractice Attorney

If you feel you or a loved one is the victim of medical malpractice, you are entitled to seek compensation for your damages and suffering. Consulting with a New York medical malpractice attorney can help you better understand your rights, determine liability for your injuries, and decide if filing a medical malpractice claim is right for you.

At Gacovino Lake & Associates we have formed a dedicated network of medical malpractice lawyers that serve clients nationwide. Our New York office serves residents of the 5 boroughs with their auto accident, medical malpractice, defective drug, premises liability, and Workers’ Compensation claims. For experienced help with your medical malpractice claim, contact us today – 1-800-246-4878.

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