Medical professionals have a duty to provide each patient with adequate and competent care. When hospitals, doctors, nurses and staff fail to provide adequate and competent care to their patients, their patients may suffer serious medical injuries or death. Failure to provide adequate and competent care include errors or omissions when medical professionals diagnose, provide treatment, follow-up care or general healthcare. When medical malpractice is committed, you need an attorney that has the skills, experience and resources to fully investigate and prosecute your claim.
Proving medical malpractice in New York is very difficult. To determine if medical malpractice was committed, the medical professional rendering treatment must violate the standard of good and accepted medical care. Good and accepted medical care does not mean the best medical care. This is a minimum standard. Because medicine is not always an exact science and advances in medicine are always evolving, the medical community is revising the appropriate standard of care for each field of medicine. If a medical professional provides treatment for a patient that does not meet the minimum standard of care, they have breached their duty to the patient.
Types of Medical Malpractice cases are:
Failure to diagnose an illness
Operating on the wrong body part
Leaving instruments and other items in a patient
Negligent performance of a surgical procedure
Failure to properly monitor a patient before, during and after a procedure
Other doctor, nurse or medical professional negligence.
The burden of proof to prove that medical malpractice occurred lies with the plaintiff. The plaintiff’s attorney must prove that a) there was a doctor-patient relationship, b) that the medical professional breached the standard of care, c) that as a result of the breach of care, the plaintiff suffered an injury, d) that the injury suffered is directly related to the malpractice committed. Plaintiffs must use medical experts and other experts to prove their case. You need an attorney that has the skills and experience to litigate this complicated area of law and that’s what the attorneys at the Law Firm of Vaughn, Weber & Prakope, PLLC, take pride in providing. If you or a loved one think that you have been the victim of medical malpractice, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620.