Westchester Personal Injury
Personal Injury Resources:
How To Know It’s Medical Malpractice Case?
Is It Illegal If My Doctor Does Not Advise Me of The Possible Outcome or Risks?
What If the Accident Occurred at Work?
What Is the Standard for A Medical Malpractice Case?
How To Know It’s Medical Malpractice Case?
A medical practitioner must examine your records to establish the merits of your claim and whether you have a medical malpractice case. In New York State, a lawsuit against a medical provider cannot be filed unless a medical expert establishes that there was a divergence from commonly recognized practice.
All of our experts are located outside of the region to eliminate any potential conflicts and will offer us entirely unbiased assessments of whether or not you have a case.
Is It Illegal If My Doctor Does Not Advise Me of The Possible Outcome or Risks?
Doctors, nurses, and hospitals must all ensure that patients understand the benefits, risks, and alternatives to any medical therapy. If a drug or therapy has the potential for hazardous adverse effects, healthcare practitioners must inform their patients. Patients are not provided fully informed consent if they are not given a clear view of the benefits, hazards, and alternatives.
Doctors generally have patients sign documents to provide proper informed permission, but this is simply the first step. Healthcare providers must ensure that patients fully grasp the benefits of surgery or treatment, as well as the dangers and alternatives. Come to our office for a consultation if you believe a doctor or other healthcare practitioner neglected to adequately tell you of your options and the dangers you may encounter while selecting treatment or surgery.
Is It Necessary for Me to Appear in Court If I File A Lawsuit Against the Person Who Caused the Accident?
Well, if you will consider us then we’ll file a lawsuit on the behalf of you in the court. In our experience, only a small percentage of cases get to trial. However, some cases do get to trial, and we are ready for it.
What If the Accident Occurred at Work?
The fact is if you were injured on your work place then you can get variety of compensation. The medical expense and the lost wages the employer can pay with worker’s compensation. Workers’ compensation may also include vocational rehabilitation services as well as lump sum payouts for specific types of accidents or disability. For example, if you were injured at work due to defective equipment, you may be able to sue the manufacturer. Workers’ compensation beneficiaries may be entitled to compensation from the claim proceeds, but filing a personal injury claim (if suitable) is usually a superior option because you can collect more money than through workers’ compensation.
What Is the Standard for A Medical Malpractice Case?
To file a medical malpractice, claim in New York State, you must prove that the patient was subjected to a “deviation” from good and established practice.
The doctor who committed malpractice did not provide enough care. In order to bring a medical malpractice, claim in New York State, the attorney must first contact a doctor who operates in the same specialty as the plaintiff and request that the file be reviewed by them. Investigate the medical records to learn what happened. In New York State, we are not entitled to suit for medical malpractice unless that expert opinion states that they, too, believe there was a divergence from good and established practice. It is a fairly high requirement that is not required in all states. New York State does demand it, and has done so for over years.
Who Is on Your Side?
Call or email us today for a free personal injury consultation in Westchester, New York.
