Medical malpractice is a tragic and an all too often occurrence throughout our country, including here in New York. Each year, thousands of people suffer harm at the hands of errant medical professionals, which can leave them with a worsened medical condition, the need for long-term care and physical and emotional pain and suffering. The worst cases are fatal, which can cause devastation to victim's family. Perhaps the saddest part of medical malpractice is that it is wholly preventable, which makes it even more unacceptable.
Medical errors are a scary reality. Far too often medical professionals make mistakes that harm patients. These mishaps can occur in several ways, including through misdiagnosis, surgical error and medication mistakes. Regardless of how these errors occur, an injured patient may be able to pursue a medical malpractice claim in hopes of recovering their damages and imposing accountability. In many of these cases a doctor will flat out apologize for the mistake. But can that be used as evidence of negligence?
Doctors, nurses and other medical professionals are tasked with important life saving roles. They must provide adequate care that is as effective and efficient as possible without causing harm. With so much unknown information about certain medical conditions, these medical professionals are educated and trained in how to rule out conditions to narrow the field and treat accordingly. By ruling out other medical conditions, doctors can order tests that detect the true cause of a patient's symptoms. Other times these professionals are just expected to provide appropriate treatment for an already identified condition. Yet, far too often medical professionals fail to live up to the applicable standard of care that they owe their patients, which can lead to innocent individuals suffering extensive harm.
A lot of things can go wrong in health care. There's usually a lot at stake, too, meaning that improperly handled medical emergencies can result in serious injuries, reduced chances of survival and even death. You may think it would be easy to determine the exact reason why medical emergencies arise or patients are left harmed, but it can actually be a tricky thing to decipher. Oftentimes, medical professionals point to pre-existing medical conditions or other demographic issues as the main culprits in these instances. However, in at least some instances, these claims are inaccurately hide the real cause of harm: medical malpractice.
There's a lot of risk associated with seeking medical treatment. Even the most skilled medical professionals can make mistakes that cause serious injuries. Those who suffer this harm can be left with significant losses that are physical, emotional and financial in nature. Learning how to cope in the aftermath of a medical error can be extremely difficult, but these individuals may be able to find accountability and recover compensation for their losses by pursuing a medical malpractice claim.
Infection is always a concern in the medical field. This is because a foreign agent, whether a virus, bacteria or something else, can easily find its way into the body through a wound or incision. For this reason, New York medical professionals usually diligently work to prevent infection and the serious consequences it can have. They might consistently clean surgical incisions, provide medication to kill bacteria, and change dressings in a timely manner.
Many medical malpractice cases wind up settling through negotiations and mediations. A fair number, though, go all the way to litigation. When this happens, medical malpractice victims need to be prepared to present compelling legal arguments that are persuasive to the judge and jury. This may sound simple enough, as it may appear that the facts are easy to discern, but the truth of the matter is that the legal logistics of litigation can completely reshape how facts are presented and interpreted.
Pursuing a medical malpractice lawsuit takes courage. It also takes a firm grasp of the law and how it applies to the facts at hand. This is because, as we discussed on the blog previously, there are a number of defenses to these types of claims. Also, high-paid doctors and established hospitals have extensive resources to dump into their defense. This means that aggressive defense attorneys will do everything they can to rip apart a victim's claim, even if that means blaming the victim himself or herself.
Pursuing a medical malpractice lawsuit can provide extensive financial relief and a sense of justice to those who are wronged by negligent medical professionals. However, before compensation can be obtained, certain legal elements must be shown. This means gathering and presenting evidence of negligence and causation, which can be challenging in its own right. However, even when one believes that he or she has built a strong case, he or she still has to confront any defenses that are raised. Therefore, it is important for medical malpractice victims to understand the defenses they may face, as it will allow them to build a stronger case.