Generally, individuals rely on their physicians to accurately diagnose and create suitable treatment plans for their health conditions. Individuals blindly trust that their physician will provide a legal standard duty of care as they have taken an oath to do so. However, medical professionals may neglect that oath resulting in devastating damages. When a healthcare professional acts negligently the ramifications victims suffer are significant. Negligence in the healthcare community can cause catastrophic injuries and fatalities. If you have been injured due to medical negligence, contact a qualified New York City Medical Malpractice Attorneys who can help you recover reasonable damages for your losses. Our firm is committed to helping our clients reach a favorable outcome.
What are some different types of medical malpractice?
Unfortunately, in the healthcare profession, medical professionals can make medical errors that directly harm their patients. Malpractice can cause substantial physical and mental trauma. There are many different forms of medical malpractice including:
- Misdiagnoses
- Delayed diagnoses
- Failure to treat
- Childbirth injuries
- Defective medical devices
- Surgical errors
- Anesthesia errors
- Prescription medication errors
- Lack of informed consent
- Poor documentation
How can victims fulfill the burden of proof in NYC?
If a medical professional does not meet the standard duty of care they are legally obligated to provide for their patients, they will be liable for damages. However, proving a medical professional acted unreasonably and negligently is challenging as the requirements for satisfying the burden of proof in medical malpractice claims requires different proof than other personal injury claims. To fulfill the burden of proof:
- Victims must prove there was a doctor-patient relationship
- Victims must prove their doctor owed them a standard duty of care
- Victims must prove their doctor breached that standard duty of care
- Victims must prove their doctor’s breach of duty of care caused them harm
- Victims must prove their doctors breached that duty of care causing them significant damages
Ultimately, victims must prove that an otherwise reasonable medical professional would not have committed this negligent act that caused harm. Victims must prove that the physician’s negligence directly inflicted their injuries. In NYC, under the statute of limitations for medical malpractice claims, victims have 2.5 years from the date the injury occurred to file a claim against a negligent party. If a victim fails to meet this deadline they will forfeit their shot at recovering monetary damages for their losses. Victims need to take action against negligent healthcare providers as it could prevent them from injuring another patient. Victims should reach out to an experienced attorney who can help them file within the right timeframe and help them through this difficult time.
If you or someone you care about has been injured due to medical negligence, don’t hesitate to reach out to one of our knowledgeable and determined team members. Our firm is committed to helping our clients recover monetary damages that help get them back on their feet.
