Medical Malpractice
When a medical physician’s negligent actions cause injury or harm to a patient, it is considered medical malpractice. All healthcare providers are legally responsible for providing their patients with reasonably safe and proper medical treatment. When a medical professional acts negligently, he/she may be held liable for the death or injury of a patient.
Medical malpractice laws apply to all licensed medical professional in the United States. These professionals include doctors, surgeons, nurses, dentists, chiropractors, pharmacists, anesthesiologists, technicians, cardiologists, pediatricians, pathologist, oncologist, dermatologist, psychologist, hospital workers, nursing home staffs, etc.
Some common causes of medical malpractice accidents include:
- Surgical error
- Misdiagnosis
- Failure to diagnose
- Anesthesia error
- Negligence
- Prescription drug or medication error
- Improper consent to treat an illness or conduct a medical procedure
- Failure to perform necessary tests or biopsies
It is important to remember that just because an individual receives unsuccessful treatment, or sustains an injury while undergoing medical care, it does not automatically give him/her a legitimate cause to file a medical malpractice claim. In order for patients to successfully file a medical malpractice lawsuit, they need to prove the following:
- The medical professional acted negligently
- A doctor-patient relationship existed
- The medical professional had a duty to treat the patient
- The medical professional deviated from standard medical protocol
- Actual injury, harm, or death did indeed occur
- Injury or death was a direct result of the medical professional’s actions or mistake
Contact our New York Medical Malpractice Attorneys
In New York, medical malpractice victims only have two and a half years to file a lawsuit. At Pena & Kahn, PLLC, we understand that these are emotionally difficult times for both the patient and his/her loved ones. Our attorneys are dedicated to protecting our clients’ rights, and obtaining the legal justice they deserve. We have helped hundreds of clients obtain monetary compensation for their pain, suffering, emotional distress, medical costs, and financial hardship. In addition, our attorneys personally investigate every case, examine medical records, and interview medical physicians. At Pena & Kahn, we strive to provide all of our clients with personalized attention, compassionate care, and unwavering dedication.
If you need experienced and professional legal representation in New York, contact our medical malpractice attorneys at Pena & Kahn today for your free case evaluation at (718) 585-6551.
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