To prove medical negligence, you will need to show that a doctor, surgeon, or another medical professional failed to meet the standard level of care that led to a medical mistake.
While doctors and other health care professionals can’t always guarantee that the care they render will be successful at making you better or that you won’t experience any adverse side effects from treatment or surgery, they are required to meet certain standards when providing you with any type of care or medical advice.
When a doctor fails to meet the standard level of care, it means they did not provide you with the same level of care you would have received had you gone to the same type of medical provider. If that care caused serious injuries to you, you should discuss your rights with a New York personal injury lawyer.
Proving Medical Negligence
To prove that your doctor failed to meet the standard level of care and is guilty of medical negligence, you must establish the following:
- You had a patient-doctor relationship.
- Your doctor did not provide the appropriate standard of care.
- You were harmed because you did not receive appropriate care.
Since determining medical negligence can be complex, consulting an experienced medical malpractice attorney can help assess your case.
Examples of Medical Negligence
A doctor can be guilty of medical negligence if the level of care they provided you with caused you to suffer an injury, become ill, or resulted in your illness worsening. Some examples of medical negligence include:
Misdiagnosis
When you go to the doctor for an illness or other type of medical condition, your doctor should do their best to provide you with an accurate diagnosis. Sometimes, however, you may need to undergo tests or other types of treatment so they can accurately diagnose your condition.
When a physician fails to diagnose a patient or provides them with the wrong diagnosis, then they could be liable for medical negligence.
Surgical Mistakes
Examples of surgical mistakes include:
- Operating on the wrong side of the body
- Operating on the wrong level of the spine
- Performing surgery on the wrong patient
- Stitching or cutting surrounding tissue
- Leaving foreign objects like sponges or surgical tools in the patient
The Agency for Healthcare Research and Quality estimates that surgical mistakes occur in about 1 out of every 112,000 procedures, often leading to severe health complications.
Failure to Inform Before Surgery
Before you undergo any type of surgical procedure, your doctor should warn you of the potential complications or side effects that you might experience as a result. This way, you can make an informed decision as to whether you want to have the surgery performed.
However, if your doctor fails to warn you of the potential risks associated with the surgery and you suffer an injury or adverse effect that you did not know was a potential outcome, you may have a viable case against the physician or the hospital they work for.
