Robert Grossman & Associates, LLP: A Victim's Rights Firm (914) 684-0785

Medical Malpractice

Negligence is the dominant theory of liability in a medical malpractice claim. In order to recover for negligent malpractice, the plaintiff must establish the following elements (1) The existence of the physician's duty to the plaintiff, (2) the applicable standard of care and its violation, (3) a compensable injury, and (4) a casual connection between the violation of the standard of care and the harm complained of. Kosberg v. Washington Hospital Center, Inc., 129 U.S.App.D.C. 322, 394 F.2d 947, 949. Blacks' Law Dictionary, Fifth Edition 1995, page 864.


Medical negligence is when a patient is injured because a physician fails to properly treat a medical condition. Such negligence may be either a direct act or an omission. Yet doctors are held to a standard of care equal to others of similar training and experience. In this regard, the law requires that an expert witness (another physician) substantiate all medical malpractice claims. Because each claim requires the inclusion of an expert witness, it is important that one seek the advice of an attorney as soon as possible. This is necessary because of the complexity and emotional burden associated with medical malpractice claims. During the first meeting with the attorney, the client should be prepared to discuss the events that took place and why they believe there was malpractice. In addition, the client should have copies of any medical files and the names and addresses of the treating physicians, where possible.


What are examples of medical malpractice?
There following are examples of medical malpractice including, but not limited to:

· administrative error,
· surgical error during an operation,
· delay or failure in diagnosing a disease or symptom,
· anesthesia related mistake,
· improper use of a medical device,
· practicing outside one's area of expertise,
· practicing unlicensed medicine

Articles

• 98,000 People a Year Killed by Medical Mistakes
• Group Asks for New Vigilance in Patient Safety
• The Myth of Perfection in Medicine

Common Areas of Medical Malpractice

• Breast Cancer

• Cerebral Palsy

• Needle Stick

• Nursing Home Abuse
  

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