How do I get compensation for medical malpractice?

When you go to the hospital for treatment, you go in with a certain amount of trust for the care you will receive and you are hoping that you will feel better. You certainly do not think that you could feel worse or receive negligent treatment. In the event that you were wrongfully treated, you may have a case for medical malpractice. However, you would be remiss if you do not seek the help of a malpractice attorney. Going up against someone in the medical profession or a hospital with an entire legal team and their insurance companies can be a tremendous undertaking. You are better off with legal representation from someone who knows the state regulations and all of the necessary components for a malpractice case. The following information highlights the important factors around a medical malpractice case.

Common medical errors that may be considered malpractice:

  • Misdiagnosing the patient or a delayed diagnosis
  • Unnecessary surgery
  • Child birth injury
  • Improper medication dosage
  • Surgical errors such as operating on the wrong part of the body or leaving a surgical sponge in the patient
  • Misinterpreting test results
  • Failure to conduct a thorough medical history

How do you determine if it is medical malpractice?

Each state has its own set of rules and regulations for medical malpractice procedure. Medical malpractice lawsuits are time-consuming and expensive, therefore, some states require you to present your case to a board or a medical panel while other states require a notice of the malpractice to the accused party in hopes that it can be resolved out of court. Although it depends on the state that your suit is being filed in, most states agree that the following must be established in order for there to be a case:

  • Prove a relationship existed between the patient and the doctor. There must be a concrete relationship where the doctor is unequivocally treating the patient. This does not apply to consultations or casually seeking advice from a doctor that you know.
  • Prove negligence on the part of the doctor. You must be able to prove who is responsible for the negligent act.
  • Medical expert to support claim that the doctor was negligent in the treatment. The purpose of the medical expert is to establish reasonable treatment in that area of medical expertise.
  • Multiple other medical experts may be necessary to support the belief that the condition was caused by negligence.

What type of compensation could you receive?

  • Medical bills- depending on the case, your compensation may include past and future medical bills.
  • Lost wages- if you are unable to work due to recovery or the medical issue itself, you may be entitled to all lost wages.
  • Pain and suffering- a legal term that describes financial compensation for the injury and emotional impact the injury has on the person.

As you can imagine medical malpractice cases are highly regulated and the state rules and procedures vary. These cases can be incredibly complicated and require specific expert testimony. It would behoove you to find an experienced medical malpractice lawyer New York, NY trusts who understands malpractice law and can help you with your case.



Thank you to our friends and contributors at Okun, Oddo & Babat, P.C. for their insight into medical malpractice cases.