Common questions about medical malpractice lawsuits
Medical malpractice lawsuits might be common in the US, but it is still a complicated area that only a few expert attorneys can traverse with success. It typically involves seeking justice or compensation for pain, suffering or injuries one has suffered in the hands of medical professionals. It includes thorough investigations, the testimonies of medical professionals and trained attorneys.
You may have sustained injuries as an action of a doctor or suffered due to the misdiagnosis of a physician, but that is not sufficient to file a medical malpractice lawsuit. It is entirely reasonable for anyone to have a number of questions about medical malpractice and the procedure of the trials. So, Brooklyn cancer misdiagnosis injury attorney ASK4SAM has compiled the questions people most commonly ask about medical malpractice in New York –
1. What is medical malpractice?
Medical malpractice is the general term that refers to any circumstance that involves a negligent act or the failure to act on the part of a medical professional. Gross neglect, delayed actions and the inability to meet the standard code of care can also lead to medical malpractice lawsuits. Any deviation from the accepted standard of care in a geographic area (the state of New York) or any medical specialty that results in injury or wrongful death of the patient can also result in malpractice lawsuits.
2. Can the lack of satisfaction resulting post-surgery result in a medical malpractice lawsuit?
Sadly, no. If you are unsatisfied with how your surgery turns out, you cannot sue the surgeon or his team. As a patient or his or her family member, you should understand that the purpose of a malpractice lawsuit is not to satisfy the patient’s disgruntlement or frustration when the operation did not yield expected results. When a patient suffers serious injuries as a result of the surgery, only then can the patient or his family members sue the doctor for malpractice. The plaintiff should be able to link the causation between the injury and the actions of the medical professional for filing a successful medical malpractice lawsuit.
3. What do I need to prove to win a medical malpractice case?
To win a medical malpractice case in the state of New York, you must initially prove three basic facts –
- There was a doctor and patient relationship when the injury or damage happened.
- The injury or damage was a result of the doctor’s neglect or misdiagnosis or a breach of the standard of care in the state of NY.
- There has been a lasting impact on the patient as a result of the medical professional’s action(s).
Proving these facts requires more than bills of diagnostic tests and medical procedures. A medical malpractice case aims to claim justice for the injuries and pain a person has suffered due to the negligent act of the medical professionals. Thus, a medical malpractice case demands the skills of a medical expert and the investigative skills of a team of experienced medical malpractice attorneys for unearthing vital facts from the case.
4. Can a patient sue the nurse for errors in medication?
If a patient does not receive critical medication on time or receives a wrong dose at the hands of a nurse, he or she has the right to sue the nurse. However, you have to provide enough evidence to support the fact that your attending nurse breached the accepted standards of care. It is important to remember that the burden of proof for filing a medical malpractice lawsuit is the same as that of suing a nurse.
5. What is the statute of limitations for filing a medical malpractice lawsuit?
The time limit usually varies between states. However, the standard statute of limitations for suing a medical professional is three years from the date of the discovery of the injury or damage or within five years after the medical professional’s act of negligence.
6. What are the initial costs of hiring a lawyer for medical malpractice lawsuits?
Most reputed lawyers in New York accept medical malpractice lawsuits on the basis of contingency. Therefore, the plaintiff does not have to incur costs moon lamp during the beginning phases of the trial. You can speak to your team of malpractice attorneys about the payment terms and conditions. It is the smartest way to ensure that you do not have to dish out money until you receive compensation from the liable party.
Medical procedures can become complicated without prior indications. Sometimes, it is a result of unwarranted circumstances during the surgery. While at other times it is gross negligence on the part of the medical expert. For example knee pads – when a doctor leaves a scalpel or glove inside a patient, he or she is waiting for a malpractice lawsuit. With little help from legal experts, you should be able to seek justice for the mistakes or negligence you have suffered at the hands of a medical professional.