No medical professional can have a perfect track record, because we are all prone to making mistakes or realizing bad decisions in hindsight. However, certain poor decisions or oversights in care can qualify as a specific type of professional negligence known as medical malpractice. Medical malpractice occurs any time a doctor or other healthcare professional fails to act as a “reasonable person” in their field would have, directly causing a substantial injury. While some bad medical outcomes are unavoidable, others are the direct result of mistakes, poor decisions, or things a healthcare practitioner overlooked. If an injury victim can prove that “reasonable care” could have prevented their medical injury, then they could be entitled to compensation for their damages. These damages can include money for medical bills, lost wages, pain and suffering, loss of ability to perform certain familial duties, and any permanent disfigurement or disability. New York medical malpractice law requires that you file a medical malpractice claim within two and a half years of the injury-causing incident. Victims, therefore, have to act fast. They can work with an Islip medical malpractice lawyer to build a strong case. Carner & DeVita has been representing such cases for injured Islip residents for over 60 years. We want to be there for you to help you recover financially after the mistakes and poor judgment of a physician leave you with piles of medical bills and other losses. Schedule a free, no-obligation consultation regarding your potential medical malpractice case today. Contact us online or call 631-543-7070 to schedule your free appointment now.
How Is Medical Malpractice Defined?
The core component of a medical malpractice case is negligence. In some situations, a doctor will do everything in their power to make the right decision yet still yield a negative outcome. If the doctor followed established protocols and held themselves to a high professional standard of care, then that outcome, while regrettable, may not be something for which they are legally at fault.However, if a doctor failed to follow protocol or an established standard of care as a “reasonable person” in their profession would, then their actions could be seen as negligent. If that negligence directly causes a medical injury, then the injury victim could have a case to make a medical malpractice claim to recover their losses. Medical injuries can include a variety of bad outcomes. For instance, a mistake during surgery could leave a victim paralyzed, or a careless misdiagnosis could lead to prescribing medications that hurt rather than help their patient’s condition. Some negligent doctors may miss a major diagnosis altogether, creating a chain reaction where the failure to intervene in time causes a patient to permanently lose certain bodily functions — or perish.
How an Islip Medical Malpractice Lawyer Can Help
Injury victims filing a malpractice claim are expected to present strong evidence that their care provider failed to act in a way that could have prevented their condition. If an insurer or court decides that nothing could have been done to prevent the bad outcome from happening or that a doctor did everything she or he could, then the claim could face an uphill battle. These challenges prompt many of those injured while receiving medical care in Islip to seek out the help of a medical malpractice attorney. With the guidance of a malpractice lawyer in Islip, they can learn the strategies they need to give their case the maximum chances of recovering the most compensation available. Your attorney can review past successful cases and applicable laws to build a strong case that asserts your care provider’s liability. Using their legal expertise and the knowledge of medical experts, they can provide strong evidence that a medical practitioner failed to uphold their duty of care and acted contrary to reason. By establishing a pattern of negligent decisions or pointing to specific careless actions, your Islip medical malpractice lawyer can give your case a fighting chance at bringing the compensation you need to recover and move on with your life. Speak with experienced medical malpractice lawyers at Carner & DeVita to learn more about what your next steps could be for filing a medical malpractice case. To schedule a free, no-obligation consultation today, contact us online or call 631-543-7070.
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