It’s understandable to assume that seeking medical attention at a doctor’s office or emergency room for an injury or illness would lead to feeling better, not worse, upon leaving. However, when healthcare providers fail to uphold the legal standard of care, patients often have to bear devastating consequences as they suffer severe injuries and ailments. If you have been injured while receiving treatment from your healthcare provider, you may wonder if you can legally hold them responsible for your damages. Please continue reading to discover whether you can take legal action against a negligent healthcare provider and learn how an adept Bronx Medical Malpractice Lawyer can help you understand your legal options.
Can I sue a healthcare provider if I was injured during treatment?
In New York, if you have been injured while receiving treatment from a healthcare provider, you can file a medical malpractice lawsuit to seek monetary compensation for your losses. However, you must fulfill the burden of proof before collecting any compensation for your damages. You must prove that the healthcare provider’s negligence directly caused your injuries. To satisfy the burden of proof, you must demonstrate the following:
- The healthcare provider owed you a duty of care. This means that you must prove that you had an established doctor-patient relationship and they provided you with medical care.
- The healthcare provider breached the standard duty of care. You must prove that the healthcare provider breached their legal duty of care by failing to provide a reasonable standard of care.
- The healthcare provider’s breach directly caused you to suffer an injury. A medical error is often not grounds for filing a medical malpractice claim. You must prove that their breach of duty caused you to suffer an injury you would not have otherwise suffered. Ultimately proving their negligence directly caused your injuries and damages.
If you can satisfy the burden of proof, you may be entitled to significant compensation for your damages.
What are some common types of medical malpractice?
Sadly, various situations can lead to medical malpractice claims, as healthcare providers may make tragic mistakes while treating your injuries or illness. The following include but are not limited to some of the most common types of medical malpractice:
- Failure to diagnose
- Surgical errors
- An improper course of treatment
- Medication errors
- Anesthesia errors
- Failure to warn a patient of known risks and potential outcomes of a procedure or course of treatment
To prove the above-listed wrongdoings committed by your healthcare provider, you must gather all of your medical records, medical expenses, lost wages, photos, journal entries, and other forms of evidence that can prove your doctor caused your injuries and damages.
Unfortunately, proving a medical provider’s negligence can be challenging. However, with years of experience, you can trust a talented Bronx medical malpractice lawyer from the legal team at James Newman, P.C. to help you hold responsible parties accountable for their negligence. Our firm is committed to helping our clients secure the fair compensation they are entitled to.