When going for medical care, you have the expectation that your healthcare providers will take proper care of you so you can get better. Unfortunately, healthcare providers have the potential to make errors that can result in life-changing injuries and conditions that require ongoing treatment. If you suspect that you are a victim of medical malpractice, our team at Winkler Kurtz, LLP. can help you get the compensation you deserve. Our team would like to share some information about how you can prove medical malpractice.
What is Medical Malpractice?
Medical malpractice is an unfortunate occurrence where a healthcare professional causes injury to a patient through a negligent act or omission. The negligence can result from treatment errors, poor aftercare, health management, or diagnosis errors. Here are some instances of negligence that can lead to a medical malpractice lawsuit:
- Surgical errors.
- Hospital negligence.
- Misdiagnosis or failure to diagnose.
- Poor aftercare.
- Ignoring lab results.
- Disregarding patient history.
- Birth injuries.
- Brain injuries.
- Medication errors.
- Wrongful death.
Proving Medical Malpractice
Medical malpractice is a highly complex area of the law that requires the assistance of malpractice lawyers on Long Island. In order to prove that medical malpractice occurred, you will need to show the following things:
- Proof of doctor-patient relationship – The first step in building a malpractice case is proving that there was a physician-patient relationship. This means that the doctor you are suing treated you directly.
- The healthcare provider was negligent – To file a malpractice suit, you need to show that the doctor caused you harm due to negligence. If you are not satisfied with your treatment or results, this is not enough to file a claim. You also need to show that the doctor violated the medical standard of care.
- The negligence led to the injury – Many cases involve patients that were already injured or sick, which can be tricky when trying to prove negligence. As a patient, you need to be able to show that the doctor’s incompetence directly caused your injury.
- The injury led to damages – Even if it’s evident that the doctor violated the standard of care, you have no case if you did not suffer any harm. Some of the damages that you can sue for include physical pain, emotional anguish, medical expenses, lost wages, and lost earning capacity. In cases where the injury caused death, the patient’s family can sue for funeral expenses, medical bills, and emotional losses.
New York state does not have a limit on the amount of damages you can receive in a malpractice case. You must file a medical malpractice claim within two and a half years of the injury or death. When you suffer an injury caused by medical malpractice, your physical and emotional wounds can last a lifetime. This tragic event can leave you feeling isolated and hopeless, but having the right team on your side can help you find peace. Our medical malpractice lawyers on Long Island will gather all the relevant documents and evidence to help you build a strong case. A medical expert may be needed to review the plaintiff’s medical records, and we will find the most credible experts to help provide insight into your injury.
Suffering an injury due to medical malpractice can be a traumatic experience for you and your loved ones. At Winkler Kurtz, LLP., we are prepared to represent you during your medical malpractice lawsuit. We have helped several clients recover from their tragic injuries and secured favorable outcomes for the damages sustained from their negligence. Our malpractice lawyers on Long Island will evaluate your case and determine the best course of action. Be sure to contact our team to schedule your free consultation.