When you check into a hospital for treatment, surgery, or the birth of a child, you rightfully expect safe, expert-level care. Unfortunately, medical errors made by doctors, nurses, or other medical professionals lead to many catastrophic and even fatal injuries for newborns, children, and adults alike.
Healthcare negligence occurs when a doctor or other healthcare provider injures a patient due to a negligent act or omission. A Johns Hopkins study estimated that more than 250,000 Americans die each year because of medical mistakes, making them the third-leading cause of death in the U.S., following only heart disease and cancer.
If you believe you or a loved one has been harmed because of healthcare negligence, an experienced personal injury lawyer can help you pursue a legal claim to hold the responsible parties accountable. You may be entitled to compensation for present and future medical expenses, lost wages, diminished earning capacity, and pain and suffering.
Some examples of healthcare negligence include:
- Improper diagnosis or failure to diagnose
- Misinterpreted or ignored lab results
- Unnecessary surgery or surgical errors
- Incorrect medication or dosage
- Insufficient aftercare or premature discharge
- Disregard for a patient’s medical history
- Improper testing or failure to test
- Unrecognized symptoms
To pursue a negligence claim arising from a healthcare-related injury, you and your attorney must demonstrate that your healthcare provider was responsible for:
A Violation of the Standard Care
The “standard of care” relates to established and acceptable medical standards recognized in the profession on which patients can rely when medical care is provided. As a patient, you have the legal right to expect these standards to be upheld, and if they are not, negligence could be established.
Medical Injury Caused by Negligence
In addition to showing that the appropriate standard of care was not met, your attorney must also prove that the injury would not have occurred without the negligent act or omission. To have a valid claim, the negligence must be a direct cause of the injury.
Significant Damage from Injury
To pursue a viable negligence claim, a patient must demonstrate losses such as lost income or other financial hardship, significant medical expenses, unusual pain, or a short- or long-term disability. These damages can be supported through the testimony of a medical expert, along with medical records and financial documentation related to the injury.
Contact a Brooklyn Personal Injury Lawyer
Do not be intimidated by the thought of taking on a large hospital whose negligence led to a serious injury that impacted your life. Goldberg Sager & Associates can conduct a full investigation to gather the evidence necessary to prove your injury claim. Call our New York City personal injury attorneys at 718-645-6677.
for a consultation.
Sources:
https://www.cnbc.com/2018/02/22/medical-errors-third-leading-cause-of-death-in-america.html
https://www.abpla.org/what-is-malpractice
