New York Medical Malpractice or Doctor Negligence?
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Medical malpractice, also known as medical negligence, applies to doctors, hospitals, and other health care professionals. A common definition of medical malpractice, otherwise known as medical negligence, is a failure to render care or treatment in accordance with good and accepted standards of medical practice. Or, put another way, medical malpractice is a departure or deviation from good and accepted standards of medical practice in treating or caring for a patient. This can also be phrased as a failure on the part of the medical provider to fulfill his or her duty to render the care that a reasonably prudent doctor or healthcare provider would render under the circumstances.
As with general negligence, medical malpractice describes conduct (treatment) that deviates from a reasonable standard of care. It is usually necessary to prove the deviation by the testimony of one or more medical expert witnesses with knowledge of the standards of practice in which the health care worker was engaged at the time of the treatment. Medical malpractice is lay terminology used by a New York medical malpractice lawyer to describe the negligence that occurs with respect to treatment of a patient.
In order to prevail in a claim of medical malpractice, it must also be proven that the departure from accepted standards of medical care caused harm or damage to the patient. A medical malpractice claim requires the testimony of one or more medical experts because it is deemed by the law to involve knowledge outside the scope of the ordinary knowledge or expertise of a non-medical person. In common with other forms of claims for negligence, in order to succeed in a claim (lawsuit) the claimant (plaintiff) and his/her New York medical malpractice attorney must successfully demonstrate three things:
- That the doctor or other medical care provider failed in his/her duty of care towards the patient: he/she failed to do something that a reasonably prudent doctor in the same field would have done under the same or similar circumstances, or that the doctor or other medical care provider did something that no reasonably prudent doctor or other medical care provider in the same field would have done under the same or similar circumstances.
- That some harm was caused by this failure to comply with the duty of care, and that the harm caused by such misconduct was reasonably foreseeable at the time.
- The amount of damages that would reasonably compensate the plaintiff for the harm caused by the malpractice.
Obtaining the proper, knowledgeable, trustworthy, impartial expert who is qualified and willing to testify is part of the expertise that Walter G. Alton, Jr., Esq. has in regard to investigating and prosecuting medical malpractice cases. This skill, in addition to a keen analysis of the issues in a medical malpractice case, involving all the specialties of medicine, are part of the extensive experience Mr. Alton has gleaned from his years as an attorney, initially spent defending physicians and healthcare providers and then representing victims of medical malpractice and their families. By retaining him to represent you, not only are you gaining the benefit of his skills and extensive experience, but also his reputation for successfully prosecuting medical malpractice cases and obtaining significant monetary awards for his clients.
If you were injured because of a medical professional's mistake or negligence, contact Walter G. Alton, Jr., Esq., New York malpractice lawyer at our firm today. We offer a free consultation with attorney Walter G. Alton, Jr. to review your legal rights under medical malpractice law.