How Does Medical Malpractice Law Work?

Levitsky Law

Medical malpractice lawsuits happen when it is proved that an injury occurred because of the negligent act or omission by a doctor, healthcare staff, hospital, or other health professional. The mistake interferes with the correct diagnosis, treatment, and/or aftercare. A Brooklyn Personal Injury Attorney will be able to guide you through the complexities that these types of cases bring.

To an event to be legally considered medical malpractice it must have these factors:

  1. Standard care was violated.
  2. The negligence resulted in an injury.
  3. The injury caused damages that interfere with someone’s well being.

Common Examples of Medical Malpractice

Negligence by a healthcare professional takes on many forms. These are some common mistakes that may result in an injury, and consequently, a lawsuit:

  • Misdiagnose or failure to diagnose.
  • Wrong or unnecessary surgery was performed.
  • Failure to follow-up on aftercare.
  • Not recognizing symptoms.
  • Prescribing the wrong dose of a medication.

How Does Medical Malpractice Work in the Eyes of the Law?

Laws related to medical malpractice protect patients’ rights to seek monetary compensation if an injury occurs. They are complex claims, however, which is why it is best to work with a Brooklyn medical malpractice attorney that knows New York state statutes.

A case for medical malpractice can have a claim against:

  1. The doctor(s) whose actions were different from general standard practices.
  2. The hospital failed to provide adequate sanitation or training.
  3. Local, state, or federal entities that failed to operate the healthcare facility properly.

Health industry lobbyists may affect the legislation in some states making it difficult for victims to file malpractice lawsuits. Many states protect hospitals and doctors by what is known as “caps.” These are legal limits on the amount of compensation an attorney may seek for your injuries. Most states have a two-year statute of limitations that prevents people from filing a lawsuit after that period.

If you have suffered an injury from medical malpractice, you must immediately seek the advice of a Brooklyn medical malpractice lawyer who has experience winning these types of cases.

Choose a Medical Malpractice Attorney to Advocate for You

You don’t have to fight this alone. An attorney will do everything possible for you to receive fair compensation for your present and future injuries. Having the correct legal support will make a difference in the success of your outcome.

Call Levitsky Law Firm for a consultation today!