Medical Malpractice Law
Medical malpractices are the result of negligence on the part of a doctor,
hospital, or other health personnel, governed by special rules. Medical
malpractice can be extremely dangerous or even fatal. For many of you, you may
even not be aware you have suffered any sort of injury until long after it
actually occurred. Some medical malpractice cases involve brain damage, birth
injuries, drug intake, failure to diagnose cancer, wrongful deaths, and
improper medical device use.
If you have been injured, one of the first steps to take in deciding whether
to initiate a lawsuit or not is to determine whether you have been injured as a
result of someone else’s negligence. One concern you may have is whether or not
a bad outcome you had from medical treatment has been reported by others before
and attributed to lack of care. You should investigate your situation as soon as
you suspect something is wrong, even if you are unsure as to what it is.
Checking with your physician or any health personnel may be helpful. You could
also visit websites that have data relating to the health problems or
discomforts you might have.
A claim for medical malpractice may be brought by a patient against a doctor
or health care provider whose treatment or care resulted in an injury, or if
that care or treatment did not meet the standard of care of the average
qualified physician practicing in that field. In order to succeed in a medical
malpractice suit, you must establish malpractice through the testimony of a
medical expert.
What You Must Prove In Medical Malpractice Cases
Generally, in medical malpractice cases, you must prove the following:
- The doctor or hospital was
responsible for providing you with medical care
- You sustained an injury
- The doctor or hospital caused
the injury
- The doctor or hospital failed
to provide you with a level of care consistent with accepted medical
standards
If a person dies due to the fault of another, a suit may be brought against
the doctor or health care provider to collect damages. Damages can include
pain, suffering, financial loss of beneficiaries and in some states, for the
suffering of the bereaved.
DAMAGES
- General Damages: your pain
and suffering, mental and physical, and your general disability.
- Special Damages:
out-of-pocket losses, lost earnings, and treatment bills.
- Punitive Damages: extra money
juries in some estates can add to the above damages to punish especially
bad conduct.
Some common examples of situations that may involve medical negligence
include:
- Failure to diagnose, or
properly diagnose an illness
- Incorrect treatment of a
diagnosed illness
- Improper administration of
drugs or anesthesia
- Failure to order proper tests
- Failure to consult a
specialist
- Failure to monitor a patient
- Failure to stabilize a
patient
- Improper use of a medical
device
- Medical device(s) left inside
a patient
- Birth injury or birth trauma
due to obstetrical physician, nursing, or hospital negligence
- Injury to mother or child
during a VBAC (vaginal birth after C-section)
- Failure of hospital staff to
properly interpret doctors’ orders on patient charts, resulting in
incorrect administration of medication or treatment
- Surgical procedures that were
improperly performed, or where surgical items were left inside the patient
- Improper use of anesthesia
The Neil Kalra law offices in Forest Hills
Queens concentrate in personal injury cases. Our practice areas include car and
motor vehicle accidents, medical malpractice, nursing home negligence, abuse and
injuries, lead paint poisoning, slip and fall accidents, medical malpractice, construction accidents, HMO liability and other
areas.
Remember, if you don’t know your rights, then you
have no rights.
