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Elements of a medical malpractice case

When you receive medical treatment from a health care professional in New York, you should expect to receive care in accordance with the standards in place within the medical profession. When appropriate care is not received, patients may face serious injuries, illnesses or even death.

If a patient suffers some form of hardship as a result of a health professional's negligence, filing a medical malpractice suit against the doctor and other parties involved may be a good way to help the recovery process. In order for a plaintiff to be successful, he must show that he was under the care of the physician in question. He must also show that the doctor was negligent in some way and that as a result of this negligence, he was injured in some way. This medical negligence can include surgical errors, prescription errors or improper treatment. Some cases of negligence can stem from a failure to diagnose or misdiagnosis of a condition.

In addition to adhering to the appropriate standard of care during treatment, doctors also have to follow certain rules before administering any treatment. Doctors are also required to inform patients of any risks involved so that the patient can give informed consent to receiving treatment. If a doctor fails to advise you of a particular risk that occurs during surgery, and you can prove that you would not have consented had you known of the risk, you may be able to pursue a lawsuit.

Making sure to document your entire claim is very important to your case. You only have a limited amount of time in which to bring your case, so it is important to act fast. It may also be necessary to seek further medical care to manage whatever harm you may have endured and gather more evidence to support your case.

Source: New York City Bar, "Medical Malpractice," accessed March 1, 2015

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Michael J. Gaffney, Attorney at Law
1164 Victory Blvd.
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