- What is medical malpractice?
- What must be shown to prevail in a medical malpractice case?
- Is doctor misdiagnosis considered malpractice?
- If a medical procedure was not successful, is that
malpractice?
- What is patient informed consent?
After reading these FAQ's and you have more questions on your doctor malpractice!
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1) What is medical malpractice?
Medical malpractice is a broad term generally used to describe any treatment,
lack of treatment, or other departure from accepted standards of medical care,
health care, or safety on the part of a health care provider that causes harm
to a patient.
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2) What must be shown to prevail in a medical malpractice
case?
While there are various types of medical malpractice claims,
generally speaking, a claimant must usually show the following:
The health care provider owed a duty to the patient
The health care provider breached that duty
The patient suffered an injury
The patient's injury was a proximate cause of the health care provider's breach A physician owes a duty to a patient once a "doctor-patient" relationship
has been formed. Such a relationship is usually formed when the physician agrees
to care for the patient. Nonetheless, even if it is established that a duty
existed and the health care provider breached that duty (eg. failed to meet
the requisite standard of care), a claimant may not recover unless the claimant
suffered injuries that were a direct result of the breach. If the breach resulted
in no harm to the patient, a claimant generally has no right to recovery.
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3) Is doctor misdiagnosis consider malpractice?
Not always. Medicine is not an exact science! But misdiagnosis may be malpractice
if the doctor nelgects to get a patient medical history, order the correct
test for the illness or problem, or fails to recognize the symptoms of the
disease.
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4) If a medical procedure was not successful,
is that malpractice?
Doctor malpractice does not occur every time medical treatment is not successful.
But doctor's are required to have the necessary knowledge and experience to
perform the medical services in question.
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5) What is patient informed consent?
Doctors are required to inform the patient of the projected outcome
of their treatment. These include the effectiveness, negative side effects
and other adverse reactions. A doctor must obtain this patient consent before
the they perform a procedure or prescribe a drug to the patient.
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The experienced attorneys at Weinstein, Chase, Messinger & Peters represent clients throughout New York, and the five Boroughs of New York City, including the communities in the counties of Suffolk, Nassau and Westchester. Contact Us for a FREE Consultation!
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