Our Experienced Bronx Medical Malpractice Lawyers Explain Some Basic Things You Need to Know About 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.
If you were injured by medical malpractice, let our experienced Bronx medical malpractice lawyers explain some important things to you.
What is Medical Malpractice?
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.
There are three elements that you must prove to win a medical malpractice case. They are:
- A doctor-patient relationship;
- Treatment by your doctor that departs from accepted standards of care; and
- 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:
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If you have any questions about your medical malpractice claim against a doctor or hospital, you can contact our experienced medical malpractice attorneys by email or by calling (800) 762-9300. You can also simply fill out one of our case intake forms and we will have one of our attorneys get right back to you.
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