Submitted by: Thomas Harry
Medical malpractice is also known as medical negligence and happens when a doctor, hospital, nurse or other health professional fails to provide the quality of care we expect from the medical community and causes harm to a patient or patients.
There are a number of different examples of malpractice. Some of which are:
* Failed diagnosis or misdiagnosis of a disease or medical condition
* Failure to provide the correct treatment for a medical condition
* Unnecessary delay in treatment of a diagnosed medical condition
* Failure to obtain the consent of the patient
* A surgical or anesthesia related mishap during an operation
* Delay in diagnosing or mis-diagnosing a disease or medical condition
* Medication administration mistakes
Medical malpractice is a form of negligence involving a medical treatment provider. If someone is injured as a result of a medical treatment provider’s deviation from the standard of care, that medical professional may be liable for the injury that has occurred. The determination of whether a medical professional has met the standard of care is based on a comparison to other medical professionals in the same field. Doctors, nurses, and other health care providers must be held responsible to their duty to provide good care according to the accepted standards of the community and/or the accepted standards of a particular medical specialty. Prefer law firm having more experience in handling medical cases because experienced attorneys not only represent injured victims, but also the surviving family members of victims.
Finding right medical malpractice attorney in New York region is difficult but it s very important. One of the first things you will want to do is to meet the attorney who would actually handle your case and be in charge of the research, document handling, and investigation. You will want to know the specific qualifications of the medical malpractice attorney in New York that you are considering hiring. How many similar cases have they handled in the past and how successful were the results?
Be sure to ask about the fee structure that your medical malpractice attorney in New York will follow. In order for you to handle all of the costs, it is best to go with a lawyer who is willing to take your case on a contingency fee basis, which means that if you do not win the case, you won’t owe your lawyer any money. Check whether they were allowing working directly with the attorney or not. If they provide an attorney for you, always know who is handling your case and that same individual will work with you throughout the course of your representation.
In order to win a medical malpractice case, the injured party must prove that the doctor or hospital departed from good and accepted medical practice in the community.
Though it may sound simple, it is extremely difficult to prove. Doctors on the other side, will always claim that the bad outcome or result was an accepted known risk, an unforseen, unavoidable consequence or if this was malpractice, the damage was not caused by them. We have doctors and nurses who work closely with and review the facts and medicine to provide first rate support to our law firm.
Success, as in all other areas in litigation, is in the preparation.
Very often, it would appear to the average person that medical malpractice has been committed in a particular case. However, in order to win a malpractice case, a doctor must testify affirmatively in court that malpractice was committed and that it was a substantial factor in causing the injuries claimed.
About the Author: NY medical malpractice lawyers Dansker & Aspromonte Associates established in 1989, has represented thousands of medical malpractice victims, and has obtained hundreds of millions of dollars on their behalf.
dandalaw.com/practice_areas/medical_malpractice_lawyer_NY.html
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