Every day, people put their lives in the hands of health care professionals. In situations where substandard care causes a patient to suffer harm, a personal injury claim can be filed. This is why it is important to understand the role that a medical malpractice lawyer in Queens County, NY can play in this situation. Here are some important aspects of medical malpractice.
Legal Definition
In order for a claim to be filed, one must understand how the law defines medical malpractice. Basically, the medical provider must have violated the standard of care deemed acceptable in their profession. So, they failed to provide treatment in the same manner another professional would have given the same circumstances.
Determining if Medical Malpractice Took Place
Just because the treatment or procedure resulted in an unfavorable outcome doesn’t mean that it qualifies as medical malpractice. A health care provider can’t be held financially responsible for procedures with known risks or because the patient wasn’t satisfied with the outcome. In order to determine if there is a valid claim, it is best to have a medical malpractice lawyer in Queens County, NY evaluate the situation.
Examples of Medical Malpractice Cases
While there is no way to list every possible scenario, here are a few of the most common cases. Knowing these will help an individual have a better understanding of what’s involved. Some examples are surgical errors, improperly prescribed medications, misdiagnosis or failure to diagnose, and injuries at childbirth.
Statute of Limitations
Each state has its statute of limitations for filing. In New York, claims must be submitted within two years of the date of the alleged negligent action or omission that caused the patient’s injury. Patients should take swift action when they have sustained injuries like this.
Burden of Proof
If the case goes to trial, the burden of proof falls on the patient. They have to prove that health care provider owed them a duty of care and breached that duty, resulting in the injury. It is also important to prove that financial harm was endured as a result.
The more patients know about medical malpractice, the better the chances are of protecting their rights. Those that have questions about an injury they sustained can consult with The Law Offices of Joseph J. Perrin, III. The staff here will give your case the level of attention it deserves. Browse the website for more info.
