What is Medical Malpractice?
Unfortunately, not every doctor’s visit or procedure is successful and error-free. Medical malpractice occurs when a doctor deviates from the standard of care within his or her specific profession. That doctor must have done something that another doctor in his or her field taking reasonable care would have done or that the doctor failed to do something that another doctor in the same field taking reasonable care would have done.
In other words, if a doctor does something besides what is medically accepted as a treatment, and then he or she may have committed medical malpractice. Also, if a doctor fails to diagnose a patient or misdiagnoses, then that may also count as medical malpractice.
It is important to work with a highly skilled, detail-oriented lawyer if you feel that your doctor has been medically negligent, another way of saying “committed medical malpractice.” If you choose to sue the doctor, you and your lawyer will have to prove that the harm you are suffering resulted from the medical malpractice incident. Harm may include physical damages, pain and suffering, mental anguish, additional medical bills, and/or loss of earning capacity. Additionally, you will have to prove to the court that the amount of money that you are requesting is reasonable for your injuries sustained.
Besides doctors, licensed medical providers, such as nurses, dentists, occupational therapists, respiratory therapists and physical therapists, can also be held liable for medical errors.
One should not have to suffer from a doctor’s mistake or carelessness. If you feel you were a victim of medical malpractice, or if you feel a family member was the victim of medical malpractice, then contact the law office of Jayson Lutzky, P.C. Mr. Lutzky has recovered millions for past clients and understands the intricacies involved in malpractice lawsuits.
What are the most common types of medical malpractice cases?
Failure to diagnosis, late diagnosis, misdiagnosis
Childbirth problems, improper prenatal care
Prescription medication errors
Surgery mistakes, anesthesiology mistakes
Expert Witnesses, the Legal Process and Time Limits
The first step in the medical malpractice legal process is to meet with an attorney. Mr. Lutzky offers free in person consultations. You will have to provide the attorney with details about the case. The lawyer will obtain medical records from hospitals, doctor’s offices and other care providers and will consult with medical experts to determine if your claim can be presented as medical malpractice in court.
If the case goes to trial, then the attorney will likely call on impartial expert witnesses to explain the medical details to the court.
There is a time limit after a medical injury for you to pursue a lawsuit against a doctor. So, be sure to contact an attorney promptly if you suspect a case of medical malpractice. Do not wait until too much time has elapsed after the incident to obtain compensation. If someone has died at the hands of a medical provider, then the family of the deceased should contact an attorney right away.
The Law Office of Jayson Lutzky, P.C.
It is important to work with a lawyer who understands how a successful medical malpractice lawsuit case works. Jayson Lutzky is a Bronx, New York lawyer who has been practicing law for over 30 years. He has recovered millions for his past clients. To set up a free, no obligation, in person consultation call 718-329-9500 or toll-free at 800-660-5299. If you have been seriously injured and if you are home-bound or in a hospital, we can also arrange to visit you. Visit www.MyNewYorkCityLawyer.com for more information.