Medical Malpractice: Know When to Take Legal Action

If you are injured or have an illness, you go to a doctor and expect them to give you professional care. But healthcare providers may make mistakes that can harm you. If you suffer injuries due to the negligence of a medical provider, you may want to take legal action. If you have decided to sue your doctor, you must consult with a wslaw.nyc medical malpractice lawyer to know what steps to take to ensure a successful lawsuit. Your lawyer will help you prepare the legal paperwork and represent you in court. 

When to Sue for Medical Malpractice

If you want to file a malpractice lawsuit against a doctor or another medical provider, you need to be familiar with the elements that constitute medical malpractice. Not all medical errors can be considered medical malpractice. For example, if you get the wrong medication from a doctor and did not suffer any negative consequences from it, this doesn’t give you a legal claim against this doctor.

For you to have a solid medical malpractice case, there are criteria to be met. First, you should have sustained actual harm because of a medical provider’s preventable mistakes or negligence. Also, you should demonstrate that your provider breached their duty of care to you. This is possible by showing the treatment they prescribed did not meet the expected standard of care. 

A medical malpractice attorney can assess your case to determine its validity. You must consult with a lawyer as soon as possible since you may need to stick to the statute of limitations that puts a time limit on claims for medical malpractice. Your attorney can help you meet such deadlines, request medical records, document your injuries, and give you advice. 

Kinds of Medical Malpractice

The majority of medical facilities have procedures in place to prevent errors and ensure the safety of patients. However, mistakes can still occur. Unfortunately, medical negligence and errors can lead to dire consequences. The following are different types of medical malpractice:

• Delayed diagnosis or misdiagnosis. A doctor who gives an incorrect diagnosis can provide harmful treatment to a patient. Also, their failure to diagnose your condition can cause your condition to get worse.
• Birth injuries.  A doctor who employs improper child delivery techniques can cause serious injuries to the child. 
• Surgical errors. Surgeons can be guilty of medical malpractice when they operate on the wrong part of the patient’s body, causing nerve damage. Another malpractice a surgeon may commit is leaving a foreign object inside the patient’s body during a surgical procedure.
• Anesthesia errors. Anesthesiologists who administer the wrong amount of anesthesia and cause a patient harm can be guilty of malpractice.