Do you have a medical malpractice claim?
There are several factors to consider before pursuing a medical malpractice claim. First, it is important to determine if the claim has legal validity. A case for medical malpractice may be made if there was negligent conduct on the part of the health care provider that directly caused damage to the patient. Doctors, hospitals, HMOs, nurses and other individuals licensed to provide medical care are considered health care providers.
There may be a case for a medical malpractice claim if health care provider or hospital undertook care of a patient but a medical error or below standard care directly resulted in personal injury or wrongful death of the patient.
Standard of Care
The term "standard of care" means if a health care provider fails to give the patient the same standard of care another competent health care provider would offer, then there may be grounds for a medical malpractice suit.
If a health care provider fails to diagnose or misdiagnoses a patient, the appropriate standard of care may not have been provided to the patient. This may also be the case when a health care provider fails to provide treatment or if treatment is not offered in a timely manner.
Additionally, the health care provider is required to inform the patient of possible risks of any procedure. If a patient suffers harm from a procedure, and was not adequately informed of the risks prior to the procedure, there may be a case for medical malpractice.
Damages
Damages in medical malpractice cases are losses and can be broken down into three areas:
Indirect damages such as loss of companionship or pain and suffering
Direct damages such as medical bills and lost wages
Punitive damages that are rendered as a punishment for the health care provider at fault
If you think you may have a legally valid medical malpractice claim, it is important to contact an experienced medical malpractice attorney as soon as possible. Medical malpractice claims are complex, can be expensive and emotionally taxing. Having an experienced attorney will help you determine whether your claim is worth pursuing.
If you are in New York City and you think you have a medical malpractice claim, please visit the website of Silberstein, Awad and Miklos P.C. for expert legal advice.
Article from articlesbase.com
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