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Personal Injury Law: Medical Malpractice

By Edited Nov 4, 2016 0 0

The statistics about medical malpractice are staggering. Approximately each year in the United States, a total of 225,000 people die due to medical practice such as sub-standard care, negligence, and abandonment. And another mind blowing statistic is that 85% of the people who have suffered from medical malpractice don't file a claim. 

According to a Long Island accident lawyer, this is because a lot of people don’t understand exactly what medical malpractice is.  In terms of the law, medical malpractice is when a doctor fails to diagnose a condition, which subsequently leads to a severe consequence or even death. This is sometimes referred to as the doctor committing a breach of duty. If a doctor, a nurse, or anyone who is a medical professional did not perform up to the standards of medical care and you suffered a direct injury as a result, then you can file a medical malpractice claim against your doctor, the nurse, the hospital and possibly the pharmaceutical company.

Typical medical malpractice claims are infections after operations such as mercer infection, septicemia infection, surgical wound infections and also mistreating common infections leading to Steven-Johnson’s syndrome; dental and oral surgery injuries; Lasik complications such as eye surgery; obstetrics malpractice such as pregnancy malpractice, miscarriage malpractice, tubal pregnancy malpractice, birth defects, birth injury, cerebral palsy and erbs palsy; surgical errors such as back surgery, spinal surgery that lead to paraplegia or quadriplegia; plastic surgery complications; intubation delay; pain medication addiction, nursing home abuse, radiation or x-ray overdose; and misdiagnosis of diseases such as breast cancer, cognitive heart failure, heart attack, stroke, and other cardiac problems.

Proving medical malpractice is a very difficult thing for a personal injury lawyer. Usually a good accident lawyer will settle with the insurance company first. But if the insurance company of the doctor, nurse and hospital don’t agree to the terms then the case will most likely go to trial.  If the case goes to trial, the first step is to prove that the doctor committed a breach of duty. In order to do this, your lawyer will have to prove that his misdiagnosis, mistake, or mistreatment of your original injury led to worse injuries. If your lawyer proves that you suffered from medical malpractice you can be entitled to receive compensation for your medical bills, lost wages, emotional distress as well as pain and suffering.

If you feel that you have been the victim of medical malpractice, time is of the essence. In most states there is a two-year statue of limitations of medical malpractice cases so call a Long Island accident lawyer for a free consultation to discuss your case. 

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