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Bronx Medical Malpractice Lawyer

Was It Medical Malpractice?

Unfortunately, medical malpractice happens more often than you think. Let a Bronx medical malpractice lawyer explain the basics of a medical malpractice claim.


What is Medical Malpractice?

According to a recent study conducted by the Journal of Patient Safety, between 210,000 and 440,000 patients each year who go into the hospital for medical care suffer some type of preventable harm that contributes to their death. This statistic makes medical errors the third-leading cause of death in America, behind heart disease and cancer. 

Medical malpractice is the failure of a doctor to provide services in accordance with accepted standards of medical care which results in harm to a patient.  While doctors are not required to guarantee a good result, they are required to exercise reasonable care in the treatment of their patients, taking into account a patient’s medical history, complaints of pain and diagnostic testing.  When a doctor fails in this obligation, or departs from accepted standards of care as it is known in this area of the law, the doctor may be liable for medical malpractice.

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What Are The Elements of a Medical Malpractice Case?

There are three elements that you must prove to win a medical malpractice case. They are:

  1. A doctor-patient relationship;
  2. Treatment by your doctor that departs from accepted standards of care; and
  3. Proof that the specific departure caused you harm.

Medical malpractice can also be established if there is lack of informed consent.  This rule requires a doctor to fully explain the risks of an operation  to the patient before performing it.  The doctor is also required to explain any reasonable alternatives to the procedure being proposed.  The purpose of this rule is to ensure that the patient is aware of the risks and alternatives to a procedure before agreeing to it.

Types of Medical Malpractice Claims

There are many different types of medical malpractice claims.  Here are some basic types:

Birth Injuries, including claims of Brain Injury and Cerebral Palsy, Erb’s Palsy, Brachial Plexus Injury, Meningitis, Shoulder InjuryBone Fractures as well as other types of claims;

Delays and Failures to Diagnose, including failures to diagnose Breast Cancer, Pulmonary EmbolismStrokeSmall Bowel Obstruction, and other types of claims;

Surgical Errors, including anesthesia errors, failures to monitor the patient during surgery, lack of informed consent and even operating on the wrong body part.

Bronx Medical Malpractice Lawyer |

If you have any questions about your medical malpractice claim against a doctor or hospital, contact our experienced medical malpractice attorneys by email or by calling (718) 364-4000.  You can also simply fill out one of our case intake forms and one of our attorneys will get right back to you.

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