Health care professionals go through extensive education programs and rigorous training. Unfortunately, many accidents happen due to medical mistakes and negligence; in fact, these errors are one of the leading causes of death in the U.S. With so many people affected by medical malpractice, it’s important to gain a better understanding of your legal rights and options should you ever experience such a situation.  

Legal Definition          

Under the law, nurses and practitioners must provide a certain standard of care and treatment to their patients. If this standard is violated, whether intentionally or not, patients may be eligible to file a medical malpractice claim.

Proving Liability 

To successfully recover damages in a medical malpractice case, the injured patient must establish liability. They will have to prove their doctor-patient relationship, or that the provider was directly involved in their care, and that the damages specifically resulted from the practitioner’s ineptitude or recklessness. 

Common Examples of Malpractice Cases 

There are several ways medical malpractice can take place. Misdiagnosis and failure to diagnose make up a large percentage of cases, as they prevent patients from getting the life-saving treatment they need. Other common types of malpractice include surgical errors, childbirth injuries, mistakes in prescribing and administering medication, anesthesia errors, and inadequate patient monitoring. 

Questions to Ask an Attorney             

Medical malpractice cases are particularly challenging to navigate, so it’s crucial for patients to hire a legal advocate. When discussing a potential claim, find out the statute of limitations on filing, if there is enough evidence to prove malpractice, and the likelihood of settling versus going to trial.  

When providers fail to keep their patients safe because of substandard care, they should be held responsible. If you believe you have been the victim of medical malpractice, consult with a personal injury attorney. Marc D. Orloff, Attorney At Law, offers clients throughout Orange County, NY, quality legal guidance and representation. He has over 30 years of experience handling malpractice claims, helping patients obtain justice and favorable settlements. Call (845) 294-8974 to schedule a consultation, or visit online for more information on his practice areas.