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Medical Malpractice

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• Hospital Infections in Medical Malpractice Cases
• Investigation Reveals Deaths from Medical Errors More Than Doubled
• How a New York Medical Malpractice Attorney Can Help You
• Surgical Fires are Yet Another Risk Patients Face in New York Hospitals

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New York Medical Malpractice

Medical malpractice can come in many different forms, such as a misdiagnosis of a heart attack, delayed diagnosis of cancer, wrong site surgery, birth injury or drug overdose. Basically, medical malpractice includes a situation where there was professional negligence by a medical provider and the standard of care was below the accepted level within the medical community. To have a medical malpractice claim, it must be proven that this deviation from the accepted standard of care caused injury or death.

An injured patient, or family member in the case of a patient’s death, can file a lawsuit against the medical professional who committed the malpractice. The medical professional could include a hospital, physician, dentist or other health care provider. These medical professionals are required to carry professional liability coverage to minimize the risk and costs of medical malpractice lawsuits.

There are four elements that have to be established to have a successful medical malpractice case. First, the New York medical malpractice lawyer representing the patient must show that a duty was owed to the plaintiff. Medical providers, such as hospitals or physicians, create a legal duty when they treat a patient. Second, it must be shown that this duty was breached, that the medical professional did not provide an acceptable standard of care. Third, it has to be proven that this breach of duty caused an injury and last, that there were damages incurred as a result of the injury.

Expert witnesses, who are qualified by the court, are often used in medical malpractice cases. The court will qualify an expert witness based on his or her qualifications and standards set from legal precedent.

A successful medical malpractice claim could entitle the plaintiff to monetary compensation for lost wages, medical expenses, life care expenses, pain and suffering, emotional distress and other damages. In some cases, punitive damages will also be awarded.

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News

• FDA Gives Warnings and Instructions for Heparin Sodium Injection (Baxter)
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