A Medical Malpractice Checklist
What determines a medical malpractice in New York? You cannot take a respected doctor to court only because of a medical tragedy. Bad things do happen, and sometimes even doctors can make mistakes. However, medical malpractice is beyond a mistake. This is a mistake that results from negligence and one that could have been prevented if proper, obligated care was given to a patient.
You must establish to an attorney, and later to a court, that a medical professional was responsible for the injury or loss of life. A medical professional can include a doctor, a pharmacist or a hospital. A lawyer has to prove that the injuries would not have resulted naturally, but occurred because of the negligent treatment. He or she also has to prove that the negligent care was below the minimum standard of care. After all, perfection in medical care is not a requirement.
Here are a series of questions that can help you determine if you may have a medical malpractice claim:
- Did the injury occur while you were under the care of a medical professional?
- Did your doctor disclose all specifics of the condition and all risks of surgery?
- Did the doctor advise you properly and provide diagnosis and treatment?
- Was there a delay in diagnosis/treatment that could have worsened the condition?
- Was prescription medication the result of your injury?
- Did the doctor refer to you a specialist in a timely manner or was there a delay?
- Did your doctor investigate any and all abnormal test results?
- Was there any faulty equipment used?
- Was the doctor and his or her staff fully trained in diagnosis and treatment?
- Were you rushed out of a hospital room or doctor’s care prematurely?
Your answers to these questions may prove to be telling in analyzing your NY medical malpractice case. Remember that you have the right to speak to a malpractice attorney regarding your options even if you don’t go to court.