Medical Malpractice Injuries
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If you feel you are a victim of medical malpractice, then please answer the followings:
- Was there a legal duty obligatory on part of the medical service
provider undertaking care or treatment of the patient?
- Was the service delivered deficient in nature or not conforming
to the standards prevailing or acceptable in general in practice of medicine in
the relevant territory or state? And/or,
- Was there any clear instance of breach or negligence on part of
medical service provider? Did the malpractice mentioned as above result in an injury
and was the malpractice proximate cause of the injury?
- Was there any clear instance of breach or negligence on part of
medical service provider? Did the malpractice mentioned as above result in an injury
and was the malpractice proximate cause of the injury?
If your answer in most of cases is yes, you may have a case to claim compensation
and damages against the medical malpractice. Some very common cases of medical malpractice
are as follows:
- delayed diagnosis,
- failure to diagnose,
- failure to treat properly or perform a surgical procedure,
- failure to obtain informed consent of the patient or his/her legal
representative before performing a procedure or operation.
Having realised that you are a victim, the next step is to find out whether there
was a loss or damage which forms basis of the claim? The losses may be direct or
indirect, immediate or future, pecuniary or emotional. However, there are strict
time limits regarding when a medical malpractice case must be filed, and these time
limits differ depending on many circumstances. As the statutes vary from state to
state, you are advised to consult a local practitioner for most accurate information
about the time limits placed or starting a legal proceeding against a medical malpractice.
Given the complex nature of medical service and stringent rules and time limits
to prevent frivolous claims and safeguard medical service providers' reasonable
interests, it is extremely important to consult a medical malpractice lawyer or
medical malpractice attorney to ensure justice is not beyond your reach.
To discuss your case for our expert advice and service, call Jeffrey Kirsch at (845)
796-9909 for a no obligation evaluation.
