Medical professionals are trained to diagnose and treat illnesses and injuries, but even the most skilled doctors can make mistakes. When these mistakes lead to serious injury, a healthcare liability attorney can help victims and their families recover financial compensation.
Malpractice claims are different from other types of personal injury cases. They require specialized knowledge and training to determine which healthcare workers were responsible for patients’ injuries, and which errors led to them. The elements of a malpractice claim include duty, breach, causation and damages.
A doctor’s duty of care is the standard of care they must meet when treating a patient. For example, a doctor must follow all state and federal guidelines for their specialty. They must also keep up to date on current best practices and research. They must provide their patients with an honest and informed opinion of the risks associated with their treatment options. If they fail to do so, they have breached their duty of care.
It is also a physician’s duty to obtain a patient’s informed consent before performing any procedure on them. This means that the doctor must explain to the patient the process, potential side effects and alternatives to the procedure. The patient must then agree to proceed with the treatment after fully understanding all of this information. If the patient is not given the opportunity to consent or refuse to do so, this can also constitute malpractice.
While it is rare for a medical professional to commit malpractice, it does happen. If you believe that you have been harmed by a medical error, you should contact a NYC Healthcare Liability Attorney immediately.
Depending on the circumstances, the attorney will help you decide whether to file a lawsuit or enter into arbitration, which is an alternative to litigation. In addition, the lawyer will ensure that your case has all of the evidence necessary to prove the elements of a malpractice claim.
If your case has merit, the lawyer will pursue all available avenues for recovery. They will investigate the case and gather evidence through depositions, written requests for documents and by requesting your medical records. This will allow the lawyer to identify all of the liable parties in your medical malpractice claim and maximize your potential compensation.
Physicians in the United States must carry malpractice insurance to protect themselves in the event of a claim for negligence. In addition, many states have medical board review systems that can be less costly and time-consuming than a court trial. However, these systems are often biased toward physicians and can limit the award of damages. Some advocates are pushing to replace these traditional systems with enterprise liability in which health care organizations are held accountable for the actions of their employees. This would monitor quality of care, reduce costs and resolve malpractice claims more quickly.