Spread the love

Basics of a Medical Malpractice Claim in NYC

In the legal world, personal injury law is by far one of the most popular fields around today – especially in New York City. Otherwise known as tort law, personal injury law covers a wide variety of cases and situations. From car accident claims, drunk driving accidents, and even amusement park accidents, to slip and falls, traumatic brain injury cases and medical malpractice claims, personal injury law claims are becoming far more prevalent these days as negligence is on the rise in an increasingly fast paced world. According to Mr. Joel Levine, considered by many as the best medical malpractice lawyer NYC has in practice, medical malpractice is one of the most common types of personal injury claim, and there are many reasons for this. Firstly, when it comes to surgery and medical procedures in general, there are tons of things that can go wrong, and therefore a lot of different reasons why negligence can exist or occur. Doctors are some of the most respected members in our society and provide the most vital service on a daily basis, as our health and wellness matters more than anything else. Despite this however, they aren’t always right, and whether it might even be on purpose, or through their own negligence or carelessness, they can still often make mistakes and cause injuries or damage to their patients. Another reason is just because patients have become far more educated on their rights and the duty of care owed to them by their physicians. This means they understand that they have the right to file a lawsuit in the event they have been damaged or suffer from some type of adverse medical issue as a result of their doctor’s negligence. This has done a lot to contribute to the number of medical malpractice claims being filed each year, especially in New York City. Despite this, according to the top public health lawyers NYC has to offer at Levine & Wiss many individuals still aren’t educated on al that a medical malpractice claim entails. Therefore in this article, to better educate individuals, we will be going over some of the basics to know about medical malpractice claims.

What is a Medical Malpractice Claim?

Like any other form of personal injury claim, medical malpractice occurs when damage has been done, usually through negligence actions. But medical malpractice is a bit more specific and has certain rules attached due to the doctor patient relationship and what that entails. According to Mr. Levine, best traumatic brain injuries lawyer NYC has in practice, medical malpractice occurs in the even a patient is harmed by a doctor or other medical professional, that failed to competently perform his or her duties. Once a doctor takes you on as a patient, they owe you a certain level of care and once that is violated and damages occur, you can then seek compensation and justice through a medical malpractice lawsuit.

Keys to a Medical Malpractice Claim

As we mentioned above, as with any other personal injury claim, there are certain elements that must be proven and exist within a medical malpractice claim.

– Doctor-Patient Relationship: The first element of a medical malpractice claim is that you must show that the doctor patient relationship actually existed with the doctor or medical provider you are filing your lawsuit against. An expert in catastrophic personal injury litigation, Mr. Levine believes this is the most easy part of the equation, as it simply means that you hired the doctor and they agreed to have you under their care.

– Negligence Occurred: The next part of the claim must be that there was negligence that occurred on the part of the medical provider or doctor and you weren’t just unhappy with a treatment result or something similar. The doctor must have been negligent with making a diagnosis, surgery or treatment, and you must be able to show that the doctor caused harm in a way that a competent doctor, acting under normal guidelines of accepted treatment methods, would not have. Their treatment must simply be reasonably skillful and careful, it doesn’t have to be perfect, this is often the most difficult aspect to prove as it can be subjective.

– Negligence Caused the Injuries: Sometimes patient may walk into a doctor’s office already sick or with existing injuries, this isn’t the doctor’s fault. This is why you must prove that whatever injuries you suffered were a direct result of those negligent actions. As the best traumatic brain injuries lawyer NYC has in practice, Mr. Levine has helped prove that it is “more likely than not” that the injuries were caused by the negligent or careless actions as opposed to something else.

– Damages Occurred as a Result: The final piece of the puzzle is that those injuries or issues, led to specific damages. This can be physical pain, mental anguish, medical bills from additional procedures that became necessary, lost wages from time off work and much more.

As the best medical malpractice lawyer NYC has in practice, Mr. Levine has been able to help countless clients get the justice as well as the compensatory damages they deserve by proving such points. For more information on medical malpractice claims and more, be sure to contact Levine & Wiss today.