A wide variety of situations can lead to a medical malpractice claim – from a doctor leaving a sponge in a patient’s stomach during an operation to failing to tell patient that a prescribed drug might cause heart failure. Most medical malpractice claims fall into these categories.
Failure to diagnose. If a doctor would have discovered the patient’s illness or made a different diagnosis, which in turn would have led to a better outcome than the one actually achieved, then the patient may have a viable medical malpractice claim.
Improper treatment. If a doctor treats a patient in a way that no other competent doctor would, the patient could have a medical malpractice claim. It may also be a malpractice claim if the doctor selects the appropriate treatment but administers it incompetently.
Failure to warn a patient of known risks. Doctors have a duty to warn patients of known risks of procedure or course of treatment. This is known as the duty of informed consent.
If you feel that you have a medical malpractice claim that caused you injury or death of a family member, consult Johnathan M. Lichtenstein Law Offices at (888) 392-3104 or visit http://www.medicalattorneyny.com/