Friday, November 14, 2014

Common Types of Medical Malpractice Claim

Medical malpractice occurs when a health-care provider deviates from the recognized “standard of care” in the treatment of a patient. The “standard of care” is defined as what a reasonably prudent medical provider would or would not have done under the same of similar circumstances. In essence, it boils down to whether the provider was negligent.

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/

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