Understanding Medical Malpractice

The number of deaths caused by AIDS, car accidents, and breast cancer combined do not reach the number of fatalities attributable each year to medical negligence. A Bronx medical malpractice attorney can help with taking the necessary legal steps that follow the accident to ensure a maximum and just settlement.

Medical negligence or malpractice is simply when a healthcare provider unnecessarily exposes their patient to needless harm, and harm to the patient then occurs.

A physician is obligated to have the reasonable degree of knowledge and skill that is expected of an average doctor or specialist that provides the type of care in the medical community in which the doctor practices, and must also comply with minimum standards of care.

A physician is required to use reasonable care in treating a patient.  The standard is that of a reasonably prudent physician.  A reasonably prudent doctor never unnecessarily exposes their patient to needless harm.  An ordinary careful healthcare provider never permits needless danger to the patient.

Standards of care exist for the benefit of the patient, not the protection of the doctor.  Standards of care are basic patient safety rules and guidelines to ensure that we are all safe while in the care of a doctor or hospital.

For example, a doctor must follow the patient safety rules of a differential diagnosis in safely treating a patient.  That is, a doctor must rule out or eliminate the most dangerous possible conditions before assuming that a less dangerous condition exists.  After eliminating or ruling out conditions, the healthcare provider can safely conclude what condition exists, and then properly treat it.

A surgeon must identify a body part or organ before they cut it, otherwise they may needlessly injure the patient.

Loss of a Chance

Sometimes medical malpractice deprives the patient of a chance at a better outcome.  For example, when a doctor fails to timely diagnose cancer, causing a delay in treatment, this negligence may affect the outcome for the patient and deprive them of a better chance at survival.  The chance of avoiding the worse outcome must be more than slight, but does not need to be more than 50 % to be a substantial cause of the harm.

In other words, when the healthcare provider’s acts or omissions deprive the patient of a substantial possibility of avoiding the consequences of a less favorable outcome, such as death or a decreased chance of survival or other injury, the defendant can be liable for their negligence, and the resultant harm.

Speak to a Bronx Medical Malpractice Lawyer

When you or a loved one is harmed by medical negligence, you need a skilled and experienced New York personal injury lawyer that knows and understands the law and how to prove your case.  The lawyers at Sonin & Genis have the resources to prove your case and obtain full and just compensation for all of the harms and losses sustained: the pain and suffering – the loss of self-respect, dignity, independence, and the humiliation and embarrassment that accompanies injury, as well as the loss income and bills to pay for all care that should be given. Call the attorneys of Sonin & Genis at (718) 561-4444 to schedule an appointment.

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