Medical malpractice means a medical professional failed to provide a high standard of care for their patient, with that lack of care resulting in an injury. The claims include but are not limited to surgical errors. Doctors could provide the wrong or inferior medication, fail to provide a timely diagnosis of a serious or life-threatening disease, or fail to use updated equipment to perform testing or procedures. After a person sustains bodily harm at the hands of their physician, they may have a viable claim.
Do you have a viable claim?
Before a claimant files a medical malpractice lawsuit, an attorney must collect all evidence and discuss the information with a licensed doctor within the same field as the defendant. During the evaluations with the clinician, the attorney must establish that the claim is eligible for NY’s certificate of merit.
If the evidence is unfounded and doesn’t present the conclusion that medical malpractice has happened, the patient cannot bring a legal claim against their physician. The only exception to this ruling is if the attorney has made at least three failed attempts to consult with doctors in the same sector of the healthcare industry. Victims of a medical injury can get help at Diamond Injury Law now.
The chain of access to the patient
A person who enters the emergency room to seek treatment may receive tests or treatment from more than one doctor. When investigating medical malpractice in an ER, the first step is to get the electronic health records from the moment of arrival until the patient either sustains an injury or dies. The findings show who caused the error that either caused the fatality or worsened the client’s condition.
After a medical malpractice lawsuit is filed, the clinician and their hospital are notified. The medical board takes fast action to learn who treated the patient and where, when, and how the injury happened. They must conclude that the death wasn’t the result of any procedure or cure for which the person was aware of the risks and agreed to it anyway.
Who is the lawsuit filed against?
Each doctor, nurse, medical staff, or the hospital itself could be deemed liable. The attorney and the hospital board pinpoint what party is accountable. In some claims, there could be more than one defendant.
The lawsuit must show conclusively that the accountable party is responsible due to direct or indirect actions, neglect, negligence, or an act of malice. Hospitals are deemed at fault if a doctor didn’t have adequate training and performed surgery or other treatment and was allowed to provide care.
To substantiate the claim, there must be credible medical records that show exactly what happened. Eyewitnesses testify about the doctor’s actions or failures. A physician who shares the same training or accreditation as the defendant must testify about the victim’s injuries.
In the state of New York, preliminary assessments for a medical malpractice lawsuit define if the person has legal grounds to sue. The laws are restrictive to reduce the number of legal claims filed each year. The purpose is to give patients with severe injuries a chance to get to the court before the case becomes a wrongful death lawsuit.
With compensation, some individuals could get additional procedures that stop further injuries and bodily harm. By contacting an attorney, clients establish that they have a viable claim and file to obtain adequate compensation.
Story by Michael Gibbens. He is a conversation copywriter living in Oregon with his two daughters. He enjoys writing on all topics and thrives in communication, legal, and marketing topics.