Many believe that any mistake by a healthcare provider means medical malpractice has taken place, but this is not necessarily true. Doctors are human and can make mistakes like the rest of us. While some medical errors can be more costly than others, not all are grounds for a lawsuit.
It is important to note that medical malpractice is never presumed. Malpractice cannot be presumed by the fact that a patient had a bad result.
The definition of medical malpractice is: An action or omission by a healthcare provider, which falls well below the acceptable standard of care that other healthcare providers would have given under the same circumstances, resulting in injury to the patient.
Two factors must be met before a medical malpractice claim can be made:
- A healthcare provider provided treatment below the medical standard of care
- The provider’s action or inaction resulted in a verifiable, serious injury
If you’ve received medical treatment and these criteria are met, the attorneys at Harmon, Linder & Rogowsky can help you get the compensation you deserve.
Medical malpractice is one of the most common types of personal injury claims made, however, it is also among the most difficult and complex types of personal injury cases. It often requires expert witnesses to testify to the standard of care that should have been used and how the breach of that standard of care caused the patient’s injury.
The personal injury lawyers at Harmon, Linder & Rogowsky have the experience to help you decide if a medical malpractice suit is right for you, and if needed, they’ll handle the ins and outs of your medical malpractice case.
To receive a free consultation, call our office now at 212-732-3665.