When a Doctor Makes a Mistake
Whether you or your loved one needs treatment for an illness or an injury following an accident, you put your trust – and health – into the hands of a medical professional. But doctors aren’t perfect. Errors can happen, and when they concern your health, the resulting harm can range from mild injuries to devastating consequences. Why do malpractice claims happen and what can be done to help you and your family recover from serious injuries?
More than 250,000 deaths occur each year due to medical errors in the US.
According to research lead by Dr. Martin Makary from the Johns Hopkins University School of Medicine, more than 250,000 deaths occur each year due to medical errors in the United States. Because of this high figure, medical errors are now the third leading cause of death nationwide.
Doctor negligence occurs when a healthcare professional (i.e. a doctor) fails to provide the appropriate care that is required in accordance with medical standards, resulting in patient harm, injury or death.
Injured By A Doctor’s Mistake Or Negligence?
Have you recently been affected by doctor negligence or medical malpractice? How about a loved one? At The Oshman Firm, our professional attorneys have years of combined legal experience assisting those who have wrongfully suffered as the direct result of a medical error. From making phone calls to collecting hospital records, we can handle every aspect of your case, allowing you to focus on healing.
Types of Medical Malpractice
Different types of medical malpractice are common, with most falling into one of the following categories:
Wrong Diagnoses
This type of doctor negligence occurs when the physician either fails to diagnose the patient, or does so inaccurately. The patient must prove that this wrong diagnoses attributed to pain, harm or suffering, which wouldn’t have happened with another professional.
Wrong Treatment
There are two different ways wrong treatment can lead to a malpractice claim. First, if the doctor provides treatment in a way that isn’t competent or accurate, the patient may be able to sue. Second, if the doctor provides the correct treatment, but administers it incompetently or incorrectly, then the doctor may have acted negligently.
Failure to Warn
All doctors have a responsibility to inform patients of any risks that may transpire with treatment. If a physician doesn’t properly inform the patient of all possible risks, and injury occurs during surgery or treatment, the doctor could be held responsible for malpractice.
Medical malpractice lawsuits are complicated, and involve a lot of paperwork, evidence and expert witness statements. Proving doctor negligence took place can be difficult and expensive, which is why you could benefit from having a professional attorney on your side.
Requirements For Filing a Medical Malpractice Claim
Initial Steps to Determining if you have a Medical Malpractice Case: Demonstrate a Doctor/Patient Relationship Existed
To successfully prove a doctor was negligent in handling your case, you must first demonstrate that a doctor/patient relationship existed. This means you must produce documentation. You will not only have to show that you hired a physician to take care of your medical needs, but also that this same physician agreed to do the work.
Most problems occur when a person tries to sue a consulting physician, someone who did not directly treat them.
If a doctor began seeing and treating you on a regular basis, then proving a relationship between the two of you existed should be readily attainable.
Next Steps: Medical Expert Testimony Proving Doctor Negligence
Doctor negligence and medical malpractice are both serious accusations that can create life-changing consequences. As such, you cannot just claim a medical error took place. You must physically prove your physician was negligent in either your diagnosis or treatment.
After proving that a doctor/patient relationship existed, you will need to show that the doctor caused your pain or suffering, AND that the pain and suffering would not have happened had you chosen to see another professional under the same circumstances.
A physician’s responsibility is limited to performing treatment carefully and skillfully, and not required to be perfectly provided. In some cases, underlying circumstances that may be unknown to the patient, such as insurance providers or hospital policies, may have affected a doctor’s actions for the type of treatment determined for the patient.
In claims involving these types of cases, the patients will most likely be ordered to provide a medical expert testimony. The goal is to prove how these standards were not followed and proper medical standards of care and treatment processes.
Medical Expert Testimony Proving Negligence Led to Injury
Another related and central issue that arises during a medical malpractice case, is whether or not the doctor involved in the claim caused the patient’s pain or suffering. It is the patient’s duty to prove, usually through medical expert testimony, that the doctor’s negligence (and whether the doctor’s actions were more likely than not) is to blame for an injury.
Not only is it necessary for the patient to prove the doctor performed in an inadequate manner, but he or she must also have evidence that an actual injury exists. A doctor cannot be sued for malpractice if the patient didn’t suffer from pain or harm following treatment.
How To Demonstrate Harm Or An Injury In A Malpractice Case
There are different ways to show this harm took place, with the most common examples including:
- Physical Suffering
- Mental Suffering
- Unplanned Medical Bills
- Lost Work/Wages
Proving that a doctor’s negligence resulted in specific pain and/or suffering is not easy. While you may deserve to receive financial compensation for the harm done to you by your doctor, the steps in this article are part of a normal process to determine legal recourse and options available to each person’s unique and specific claim.
Contact a New York Medical Malpractice Attorney Today
If you’ve recently suffered due to doctor negligence, we offer our deepest sympathies. We understand how difficult this time may be, and we want to help you move forward with your life. Building a case is often complex and difficult and requires extensive knowledge in navigating the health insurance industry and legal system. Oshman & Mirasola are experienced and have results in winning malpractice claims.
Contact the professional attorneys at The Oshman Firm today by calling (800) 400-8182. It’s important to remember that you don’t have to pursue your medical malpractice case alone. We are the advocates you can trust to handle your case while you focus on yourself and your loved ones. We offer a no-cost, no-obligation consultation to help determine your best course of action.