Common Claims in Medical Malpractice
The idea of medical malpractice is certainly an unpleasant one. Patients would like to believe that doctors are committed—perhaps even perfect in their practice. Hearing the news that you or a family member has suffered serious injury because of a medical error can be distressing. You may feel one or both extremes, either believing that the hospital is responsible for the medical malpractice or that there is absolutely nothing you can do.
The truth is that doctors can make mistakes and some medical errors are nobody’s fault. However, medical malpractice involves a degree of negligence. Namely, that the medical professional had an obligation to provide care to the patient in the form of diagnosis and treatment, and breached that trust. Medical malpractice may involve any number of individual factors, including delaying treatment or diagnosis, using faulty equipment or performing while under the influence of drugs or alcohol.
What are some examples of surgeries and other medical conditions and situations that can lead to a malpractice lawsuit? The delaying of diagnosis or treatment in heart attack cases is not only a common problem but also the leading malpractice claim in the country. Birth injuries may be a cause of malpractice if the doctor acted negligently in treatment or surgery. Botched breast implant operations as well as elder abuse and prescription drug malpractice also have a higher number of claims.
However, taking a medical malpractice case to court, and prevailing for significant damages, can be a challenge. Questioning the practice of a credentialed doctor can be an uphill battle, since the doctor has a long list of friends willing to vouch for his or her professionalism. This is why consulting a qualified and experienced New York malpractice attorney is a must.