Individuals who have suffered from medical malpractice, due to misdiagnosis, surgical error, ER error or other forms of negligence while under medical care, it’s important to consult with an experienced negligence lawyer about your case.
Medical malpractice is when a doctor or other medical personnel neglect a patient willfully or by omission, which results in the harm or damage of the patient being cared for. Some forms of negligence include errors in treatment, diagnosis or the management of an illness. When harm comes to a patient because of these errors, a medical malpractice case can be filed against the doctor or other health care providers responsible for the injuries incurred. A case can also be filed against the hospital due to improper care, sanitation, nurse care or medication issues; or against the federal, state or local agencies that are responsible for the operations within a hospital and its facilities.
In order to help protect the rights of patients, medical malpractice laws were designed and implemented in states across the nation. In these laws, patients who are neglected have the right to be compensated for injuries caused by the negligence of hospitals and its employees. Because malpractice cases can be difficult to understand and expensive, it is recommended that a medical malpractice attorney be consulted and hired. You can speak with an experienced malpractice attorney at Dansker & Aspromonte Associates in New York, NY to find out if your case is worth pursuing.
What Are the Theories of Liability Associated with Medical Malpractice Cases?
There are three theories associated with liability in malpractice cases and those are negligence, breach of contract or warranty and failure to obtain informed consent.
Negligence in Malpractice Cases
A lot of the medical malpractice cases brought to the court today are based on the theory of negligence. This is when a medical professional is negligent to a patient he or she is caring for. The negligence must be proven to be the cause of the patient’s injury. Here is the evidence needed to build a case:
- Proof that there was a doctor/patient relationship between the defendant and the plaintiff
- Proof that the medical professional didn’t provide sufficient care within the standards for the procedure, which in turn indicates a breach of duty owed to the plaintiff
- Proof of a causal connection between the plaintiff’s injuries and the negligence of the health care professional.
- Proof that the patient was harmed or injured
Establishing the standard of care provided by the health care professional is important in a medical malpractice case. In order to prove a health care professional guilty of the claims, proof has to be given that his or her conduct was below the acceptable standards for health care. An expert testimony is needed to establish what the medical standard of care is for that particular case and whether it was abided by or deviated from. Some cases have a violation of medical care standards that is obvious to the average person and don’t require an expert testimony.
It can be rather hard to establish other elements of a malpractice case, such as the actions and causation. It’s required that the plaintiff prove that his or her medical provider deviated from the applicable standard of care and it causes his or her harm or injury. This can sometimes be a challenge when there are other possible causes that may have played a role in the plaintiff’s injury.
Failure to Obtain Informed Consent
Before a patient is provided medical treatments or therapies, it’s required that the medical professional inform the patient of the benefits, risks and alternatives. Then written consent is needed from the patient, which is known as an informed consent. The procedure or treatment shouldn’t be started until informed consent is obtained. When this rule is broken, there are grounds for the patient to file a medical malpractice lawsuit.
Breach of Contract or Warranty
It’s rare for a doctor to promise certain results for a treatment or procedure that he or she provides, but there are some instances where they do. Then when the results fail to meet the promised outcome, legal action can be taken. This is known as a breach of warranty or contract. For instance, a surgeon may promise a patient a certain result for plastic surgery. This can be easily judged by looking at the patient, compared to other procedures. If the patient isn’t satisfied with the results, and the physician guaranteed or warranted a specific outcome, then the patient can recover damages with the theory of a breached contract or warranty.
Who Can be at Fault of Medical Malpractice?
Doctors and nurses aren’t the only medical personnel who can become a defendant in a medical malpractice case. Other health professionals that can be sued for malpractice include dentists, technicians, surgeons and other hospital employees. In some cases when a hospital employee is at fault, the hospital can be sued because under the “respondeat superior” legal doctrine, it can be held liable for its workers who were acting within the scope of his or her position when the omission or neglect took place. This doctrine helps to ensure that financial obligations are given to a responsible party that can compensate a plaintiff who has been injured.
Contact an Experienced Malpractice Attorney
Keep in mind that there are no guarantees for medical results. If a surgery or procedure didn’t go as expected, this doesn’t mean that you have grounds for a medical malpractice case. However, if you feel that you are a victim of medical malpractice, you can consult with an experienced lawyer at Dansker & Aspromonte Associates in New York, NY.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.