common examples of medical malpractice cases

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Page 1: Common examples of medical malpractice cases

Medical Malpractice Lawyer

1

Common Examples Of Medical

Malpractice Cases

Page 2: Common examples of medical malpractice cases

Medical Malpractice Lawyer

2

Medical malpractice is a serious problem. In the United States of America alone,

it results to around 200,000 deaths and 1.5 million injuries, some of them

permanent, every year. The Journal of the American Medical Association even

placed medical negligence as the third leading cause of death in the US, just

superseded by heart disease and cancer. In 2012, over three billion dollars was

spent in medical malpractice payouts.

Medical malpractice defined

A medical malpractice occurs when a

healthcare provider was negligent, and

this negligence caused an injury that led

to specific damages, which include

physical pain, mental anguish, additional

medical bills, and lost work or earning

capacity.

Common examples of medical

malpractice

A medical malpractice claim can be

brought over a wide variety of situations. Such lawsuit can be made, for

instance, when a doctor’s negligence resulted to a sponge in a patient’s stomach

during an operation. In such case, it has to be determined that the doctor was

negligent. One more example would be a doctor failing to diagnose. A patient

can raise a medical malpractice claim against his or her doctor if a better

outcome would have been achieved if the doctor discovered the patient’s illness

or made a different diagnosis. Another scenario is when the healthcare provider

administers an inappropriate treatment. Likewise, a medical malpractice lawsuit

can be brought against a doctor who selects the appropriate treatment yet

Page 3: Common examples of medical malpractice cases

Medical Malpractice Lawyer

3

administers it wrongly. In addition, doctors failing to warn a patient of known

risks can be a ground for a medical malpractice case. The doctor may be liable,

if the patient would have opted not to undergo the procedure or treatment and

consequently avoid injury had he been duly informed of known risks.

What to do when you suspect that you or a loved one is a victim of medical

malpractice

The first step is to approach a medical malpractice attorney. Laws defining

medical malpractice tend to be complex and can differ significantly from one

state to another. In that regard, it is often essential to get advice or

representation from a lawyer based in the state where the alleged malpractice

took place.

There are many sources of referrals when you are looking for a New York

medical malpractice lawyer. If you have friends or coworkers who have been

represented by a lawyer for personal injury claims, ask if they would

recommend the same lawyer to you. Keep in mind though that you should not

choose a lawyer solely because he or she was recommended to you. Lawyers

differ and style and personality, and you and the friend who gave the referral

may respond to such traits differently. Meet the lawyer, discuss your case, and

decide whether you can establish good rapport with him or her. Other lawyers

you have used for other issues in the past can also be a good source for

recommendations. They can refer you to colleagues who handle personal injury

cases. Alternatively, you may use online directories which provide profiles of

New York medical malpractice attorneys.