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Brooklyn Medical Malpractice Lawyer

Was it Medical Malpractice?

“Was it medical malpractice?”, is a question we are commonly asked. The answer depends of many factors. Let us explain some of the basic things you need to know about medical malpractice if you believe that you may have been hurt by a doctor or hospital.

What is Medical Malpractice?

Medical malpractice occurs when you are injured because the medical treatment you received fell below accepted standards of care.  There are many forms of medical malpractice, including:

  • Failures to Diagnose, a type of medical malpractice where the true condition causing your illness is missed, and your opportunity for a cure lost;
  • Birth Injuries, medical malpractice affecting newborns and their mothers, including cases of brain injury;
  • Surgical errors, medical errors that occur during surgery;
  • Wrongful Death.

Although doctors are not required to guarantee a good medical result, they must adhere to accepted standards of medical care that are designed for the safety and well being of their patients. When a doctor fails in this basic obligation, there may be a basis to file a medical malpractice claim.

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Every medical malpractice case must be reviewed and approved  by an independent medical expert before a lawsuit can be filed.  The expert will review the medical records, as well as the patient’s current medical condition, to determine whether there is a sufficient basis to start a lawsuit.

Can a Medical Malpractice Case Be Settled?

Medical malpractice cases, just like any other case, can be settled before trial.  There is one important difference, however, with medical malpractice claims.  Under some medical malpractice insurance policies, the defendant doctor must agree to discuss settlement before the case can be settled.  There are times when a doctor refuses to permit settlement discussions.  This can be for any number of reasons.  Regardless of the reason, however, if the doctor refuses to consent to the possibility of settlement, the case must be tried to verdict.

Brooklyn Medical Malpractice | Ask Questions – Get Answers

If you believe you were a victim of medical malpractice, contact our experienced Brooklyn medical malpractice lawyers for a free consultation by email or calling (800) 762-9300.  You can also simply fill out a medical malpractice case intake form and one of our attorneys will get right back to you.