Is Medical Malpractice More Than Just Making A Mistake?
Published on:March 5, 2015

Is Medical Malpractice More Than Just Making A Mistake?Do you have a case that relates to medical, malpractice in Staten Island? Well, you can initiate malpractice lawsuit against health care professional if he/she acted negligently towards you. The health care providers can include any licensed person who performs medical services such as surgeons, doctors, nurses, dentists, psychiatrists and physical therapists. In addition, the health care professional can be any business or organization that is licensed to offer medical services, including Medicare centers, hospitals, clinics and medical group.

A health care professional owes patients the duty of care during diagnosis or treatment. However, when things go tragically wrong, patients deserve answers and justice. Medical negligence is a very complex area in law, and personal injury lawyer can appreciate that medical malpractice lawsuit damage award cost institutions thousands of dollars. Even if your doctor makes a mistake while treating you, however, you are not guaranteed to win a lawsuit.

In any medical personal injury case, the health professional is liable if he/she fails to act as carefully as a reasonable person of ordinary prudence would. You have the right to seek answers if something happened that you feel shouldn’t have happened, particularly when you are not provided with a satisfactory or coherent reason from the hospital authorities. This does not mean that every health professional must make the perfect decision all the time. However, if it did, the patient can sue the doctor.

To start a medical malpractice lawsuit against any health care professional in Staten Island, you need to file a complaint in the court. You must also complete a summon form, which requires the defendant to show up in court. The court then sends a state official to deliver the document to the defendant in person. Remember, you can sue more than one party, for instance, you can sue both the doctor and the hospital where your treatment and recovery took place. And if the defendant is a member of the general partnership, you can sue all members of the partnership.

One thing you must know is that a medical negligence is not enough to win a malpractice case. There is no case if you suffered no harm. You must prove damages to win the case. The damages can take many forms; existing and future mental and physical suffering and pain, disfigurement, permanent disability, loss of ability work, medical expenses, and lost wages. Most of these cases are extremely costly and proving them is very difficult, because the medical community is not cooperative in such situations. However, expert testimony is always very essential to prove that a health care provider was negligent. For this reason, it is very crucial to get the help from a personal injury attorney.

It is also advisable to file a medical malpractice lawsuit within two years of the act with just a few exceptions to the rule. For example, if it is a case where the medical negligence was not obvious and you found out the mistake later on. The timing starts immediately you discover the mistake.

If you rightfully believe that you were injured negligently by a health care professional, and you are not aware of what to do, it is usually important to take action promptly by getting advice from an experienced and qualified personal injury lawyer. Contact a professional personal injury attorney who works on cases related to medical malpractice in Staten Island to help you get the right compensation for your injury claims.