What Is Medical Malpractice?


 

Do you believe you or someone you love is a victim of medical malpractice? Medical malpractice is defined as the improper, negligent, or unskilled treatment of a patient by a healthcare provider. The broad term "healthcare provider" includes any professional person that provides services in regards to health issues including physicians, nurses, dentists, hygenists, pharmacists, physical therapists, as well as others.

There are four elements of a malpractice claim that need to be addressed. The first one, duty of care, refers to the obligation of the healthcare professional to provide services to the patient. The second element addresses the failure of the provider to meet the standard of care. Child support. The third element requires proof of a physical or emotional injury. The final element addresses whether or not the injury is a result of the negligence or substandard care.

A New York medical malpractice lawyer can help you understand the process and the legal-ese. Duty of care is satisfied when the healthcare professional agrees to treat the patient. It is that agreement that obligates the healthcare professional to provide competent care. Standard of care basically evaluates the care given to the patient by comparing it to local and national care standards for comparable illness or injury. The resulting injury, physical or emotional, must be confirmed through testimony or evidence. The most critical component of the four elements is determining the actual cause of the injury.

The common argument presented by defense teams is that the injury is a result of actions, behaviors, or other causes unrelated to the care or treatment provided by the healthcare professional. The plaintiff and his or her legal team must prove the direct relationship between the injury and the substandard care received to prevail.

The injuries sustained due to medical malpractice can be acute or chronic, they may eventually subside, or remain with the individual for his or her entire life. Perhaps the results of substandard care caused the premature death of your loved one, an immeasurable loss that is felt everyday. Lives are forever altered when a medical malpractice occurs, and additional pain and suffering is endured. There are unexpected financial costs related to the resulting injury, and the ability to earn income may have been impacted. Compensation does not ease the loss, but it can help ease the additional burdens brought on by the injury, and it can reduce the chances of having someone else endure the same fate.

If you find yourself or someone you know in circumstances such as these, you need a skilled professional to be your advocate. With experience you can count on, empathy you can lean on, and the passion to stand strong for your best interest, contact a New York City medical malpractice attorney, we are ready to serve.

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