Understanding Your Medical Malpractice Rights

Most medical malpractice claims are established by a patient’s medical records; therefore, it is important to hire an attorney experienced in reviewing and understanding medical records to pursue your claim. Call today to schedule a consultation with a medical malpractice attorney who can provide a clear explanation of your legal rights and options.

The patient’s medical records are used for establishing a medical malpractice claim in most cases. Because of this, it’s necessary to have an experienced attorney working on your case, who can look at and comprehend the medical records and assist with the pursuance of your claim. To learn more about how a medical malpractice attorney can help with your case, call us today. We will schedule you an appointment with a medical malpractice attorney who can provide you with a clear explanation of your available options and legal rights.

Understanding Medical Malpractice in New York

If you or a loved have been harmed due to negligence while under medical care, then this could be a case of medical malpractice. This is an area of law that is very complex. This page will help you to learn more about your rights in the event this occurs. However, it’s necessary to speak with a medical malpractice attorney to receive a consultation regarding your particular case. The Dansker & Aspromonte attorneys have lots of experience dealing with medical malpractice cases and can provide you with adequate guidance and information about your case and how to take action.

Give us a call today, or use our online form to contact us. You can speak with one of our New York City medical malpractice attorney by contacting our office at 800-510-9695.

What is Medical Malpractice?

When a doctor or other medical staff performs acts of negligence or omission that results into endangering or harming a patient, this is known as medical malpractice. Examples of medical malpractice include error of diagnosis, illness management or treatment. When injury comes to a patient because of this, a case can be brought forth to the court, which should showcase either how the doctor’s actions weren’t in line with general standards of practice; the hospital not providing ample care, such as improper sanitation, issues with prescription drugs, insufficient nurse care; or against the federal, local or state agencies that operate the facilities of the hospital.

The laws surrounding medical malpractice were created to protect the rights of patients when they are injured due to negligence while under medical care. Filing a medical malpractice lawsuit can be difficult and expensive to win. A case can request compensation for negligence or injury, no matter the injury or its severity. However, it would be more cost-effective if the lawsuit wasn’t for an injury that is minor or can heal quickly. If you believe that you have a solid medical malpractice case worth fighting for, then give Dansker & Aspromonte Associates in New York, NY a call today and we will help you pursue your claim.

What is Informed Consent?

Whenever a patient received medical treatment or care, it is required that informed consent is given to the medical professionals from the patient. Each state may not have the same definition of what informed consent is, but overall it means that patients have to knowingly make a decision to receive a medical procedure or treatment after the doctor or other medical professional discloses information about the risks associated with the procedure or treatment in question. When and if the medical provider doesn’t obtain informed consent, then legal claims can be filed for damages.

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Frequently Asked Questions About Medical Malpractice

Q: What is medical malpractice?

A: Medical malpractice is negligence committed by a professional health care provider, such as a doctor, nurse, dentist, technician, hospital worker or hospital, whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient.

Q: Does someone who is not satisfied with the results of his or her surgery have a malpractice case?

A: In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean negligence occurred. To succeed in a medical malpractice case, a plaintiff has to show an injury or damages that resulted from the doctor’s deviation from the standard of care applicable to the procedure.

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Who is Responsible for Medical Malpractice?

Medical malpractice can be at the negligence of any of the hospital workers, not just the medical doctors. This includes nurses, osteopaths, dentists, health care facilities and other services that may be provided in a hospital, or even nursing home, setting.

Establishing a Medical Malpractice Case

In order to establish a medical malpractice case, it is required that the plaintiff proves the defendant was responsible for the plaintiff’s well-being and failed to provide adequate care, that the medical mistake brought harm to the plaintiff and that the medical doctor or other medical professionals neglected their duties and caused damage to the plaintiff. This is called proof of causation. This is the most difficult part of a medical malpractice case. The injuries that are typically sustained in these cases usually need certain medical training to comprehend, which means the plaintiff may not know what caused the injuries.

Claiming Damage Caused in a Medical Malpractice Case

One of the most critical aspects of a medical practice case is the damages caused. In order for a plaintiff to be able to recover damages for injuries, a causal connection has to be made between the negligence of the doctor (or medical professionals) and the injury. Otherwise, damages cannot be recovered. There are two different kinds of damages a plaintiff can claim in this type of case: punitive damages and compensatory damages.


Medical Malpractice Resource Links

National Patient Safety Foundation
The NPSF website features information about patient safety.

U.S. Agency for Health Care Research & Quality
Provides information and links about patient safety, tips for patients and other general health information.

Patient Safety
Information about the delivery of safe, high-quality patient care, provided by Joint Commission International.

Medical Liability/Medical Malpractice Laws
A chart summarizing state medical malpractice laws, provided by the National Conference of State Legislatures.

Medical Malpractice News
Medical malpractice news provided by the American Association for Justice.

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