What Evidence Do I Need to Prove Medical Negligence?
To prove medical negligence, you will need to show that a doctor, surgeon, or another medical professional failed to meet the standard level of care that led to a medical mistake.
While doctors and other health care professionals can’t always guarantee that the care they render will be successful at making you better or that you won’t experience any adverse side effects from treatment or surgery, they are required to meet certain standards when providing you with any type of care or medical advice.
When a doctor fails to meet the standard level of care, it means they did not provide you with the same level of care you would have received had you gone to the same type of medical provider. If that care caused serious injuries to you, you should discuss your rights with a New York personal injury lawyer.
Proving Medical Negligence
To prove that your doctor failed to meet the standard level of care and is guilty of medical negligence, you must establish the following:
- You had a patient-doctor relationship.
- Your doctor did not provide the appropriate standard of care.
- You were harmed because you did not receive appropriate care.
Because it can be difficult to determine when a doctor provided poor quality care as opposed to not meeting the standard level of care, you can discuss your case with an experienced medical malpractice attorney who can assess it and determine if you have grounds to sue for damages.
For a free legal consultation, call (646) 692-0204
Examples of Medical Negligence
A doctor can be guilty of medical negligence if the level of care they provided you with caused you to suffer an injury, become ill, or resulted in your illness worsening. Some examples of medical negligence include:
When you go to the doctor for an illness or other type of medical condition, your doctor should do their best to provide you with an accurate diagnosis. Sometimes, however, you may need to undergo tests or other types of treatment so they can accurately diagnose your condition.
When a physician fails to diagnose a patient or provides them with the wrong diagnosis, then they could be liable for medical negligence.
Some examples of surgical mistakes include:
- Operating on the wrong side of the body
- Operating on the wrong level of the spine
- Undergoing a surgical procedure that was intended for someone else
- Stitching or cutting surrounding tissue
- Leaving foreign bodies such as sponges or other surgical equipment in the surgical space
The Agency for Healthcare Research and Quality suggests that surgical mistakes occur in approximately 1 out of every 112,000 surgical procedures. They can cause a person to suffer from serious health issues as a result.
Failing to Inform Before Undergoing a Surgical Procedure
Before you undergo any type of surgical procedure, your doctor should warn you of the potential complications or side effects that you might experience as a result. This way, you can make an informed decision as to whether you want to have the surgery performed.
However, if your doctor fails to warn you of the potential risks associated with the surgery and you suffer an injury or adverse effect that you did not know was a potential outcome, you may have a viable case against the physician or the hospital they work for.
If you can show your doctor failed to provide you with the standard level of care that resulted in you suffering an injury or illness, you may have grounds to sue him or her.
If the physician was contracted with a hospital at the time of your incident, your case may also be against the facility as well. Some of the damages you may be able to recover if you have a viable case include:
- Pain and suffering for all physical and emotional injuries
- Lost wages
- Past and future medical expenses
- Mental anguish
- Future pain and suffering damages if your injuries are permanent
Proving medical negligence can be challenging, especially because various laws protect doctors from being sued. However, our lawyers don’t let these laws get in our way of helping our clients obtain a fair outcome.
In fact, our firm was able to secure a $50 million settlement in a case that involved a 4-year-old boy. The child was brought in for a routine eyelid repair, and because the hospital cut costs and failed to supervise their medical staff, the child suffered brain damage.
Dansker & Aspromonte Associates Is Here to Help with Your Medical Negligence Case
At Dansker & Aspromonte Associates, we have been fighting for victims of medical malpractice since 1988. We strive to protect the rights of those who were injured by a negligent doctor or surgeon and will fight for the best recovery possible.
If you think your doctor made a mistake providing your care and that care caused you serious injuries, contact Dansker & Aspromonte Associates at (646) 692-0204 for a free consultation.
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