November 2, 2016
How to Prove that Medical Negligence Occured
By Jonathan Damashek
Medical negligence occurs when a medical professional — doctor, nurse, or technician — fails to provide proper health care, which can result in injury or harm to the patient.
As patients, we expect the best possible treatment from our caregivers. But humans are not perfect, and mistakes happen all the time affecting many people in our country. According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the United States — right behind heart disease and cancer. Unfortunately, most of these cases happen without been noticed by malpractice victims. Even when they do notice, victims may not know how to proceed or how to defend themselves from the gigantic insurance companies and hospitals.
You have the right to be compensated if you were treated negligently by a healthcare provider. In order to be eligible, you need to demonstrate that medical error existed by showing the following evidence:
- A doctor/health provider professional relationship existed
- The doctor was negligent. You must be able to prove that the practitioner caused you harm in a way that a competent doctor, under the same circumstances would not have.
- The health provider’s negligence caused the injuries
- The injury led to specific harm. Some examples are physical pain, additional medical bills and other expenses, as well as lost wages and earning capacity
In America, it is not easy to file a lawsuit against a hospital, a practitioner, or healthcare provider. It is extremely hard to get the necessary evidence to prove that the negligence existed. The first step towards a compensation is to contact an experienced medical malpractice lawyer. He or she will review the case thoroughly to determine if the case is actionable.
Do not let yourself be intimidated by the healthcare system. We all deserve justice for the negligent actions of others. It is important to act rapidly as there are deadlines (statutes of limitations) by which a lawsuit must be filed. At Hecht Kleeger & Damashek, P.C., we feel strongly about protecting patient rights and seeing that standards of care are upheld. Unlike other states, New York places no cap on the amount of damages recoverable in a medical malpractice case. You may be offered a settlement, so that those at risk can close the matter quickly before being pursued for a fair settlement amount.
If you or a family member suffer because of medical malpractice, we are here to help. Contact us immediately for a free consultation.