After a medical accident, your first instinct may be to focus on recovering before you even think about whether a professional was at fault for your injuries. However, if you have any intention of filing a medical malpractice claim in New York, there is a deadline. If you wait too long, you risk not getting …
Can You Sue a Hospital for Losing Test Results?
The loss of your medical records could cause a faulty diagnosis or lead to repeated tests and delayed medical care. If mismanagement of your medical records led to your current medical condition or exacerbated an existing condition, you can sue a hospital for losing test results. Lost test results is one example of medical malpractice. …
How Do I Sue a Hospital for Medical Negligence?
The process for how you sue for medical malpractice generally requires you to: Collect evidence of the hospital’s liability for your injuries, which may include testimony from a medical expert about the care you received Calculate the value of your damages File your lawsuit by the applicable legal deadline A medical malpractice lawyer from our …
Is a Failure to Diagnose Considered Malpractice?
Failing to diagnose an injury or illness that adversely affected your health might be considered medical malpractice because it may constitute negligence. If the health care professional’s failure to diagnose deviated from the acceptable standard of care and resulted in physical harm, you might have the basis of a medical malpractice lawsuit. A lawyer could …
What Are the Four Elements of Medical Malpractice?
To successfully sue for medical malpractice, you must prove four elements to the satisfaction of the doctor’s insurance company or, if your case goes to court, of the jury. As outlined in a paper published in Clinical Orthopaedics and Related Research, the four elements of medical malpractice are: That your doctor had a duty to …
Can I Sue a Doctor without Malpractice Insurance?
If your doctor made a careless mistake while treating you, you have the right to sue for monetary compensation for the losses you endured. Whether a doctor has malpractice insurance or not doesn’t affect your ability to file a lawsuit against them. However, suing a doctor can be complicated. Doctors have the power of hospitals …
What Is the Difference Between Medical Malpractice and Medical Negligence?
The difference between medical malpractice and medical negligence is that medical negligence is a careless or reckless action taken by a doctor or healthcare provider that falls below the standard practiced by other medical professionals. Medical malpractice is a type of personal injury lawsuit against a negligent doctor or healthcare provider. If you were injured …
What Are the Most Common Medical Malpractice Claims?
According to the National Center for Biotechnology Information (NCBI), the most common medical malpractice claims include: Overlooked diagnosis Diagnoses made too late Incorrect diagnoses Concealing patient information Surgical errors and mishaps Use of faulty medical equipment Inaccurate or misinterpreted test results Prescription and other medication errors If you were a victim of medical malpractice, a …
Do I Have a Medical Malpractice Claim?
If you were injured by an act of negligence when you were in a medical professional’s care, you may have a medical malpractice claim. In order to recover compensation for your damages, you may need to prove that your doctor’s negligence fell below a reasonable medical standard and that another doctor in the same situation …