Over 200,000 people die every year as a result of medical negligence. In fact, it is the third leading cause of death in the U.S. If you suspect negligence, contact a medical malpractice lawyer in Queens County, NY.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor breaches the standard of care. Basically, the patient’s care is below what others receive. Further, there must be a doctor-patient relationship, and the patient must have agreed to be treated by the doctor. Hospitals and other health care professionals can also commit malpractice.
First, Do No Harm
Another component of medical malpractice is the injury suffered by the patient. Indeed, the injury must be a result of the doctor’s negligence. In addition, the medical malpractice lawyer in Queens County, NY must show the injury caused damages.
Filing a Lawsuit
Attorneys at The Law Offices of Joseph J. Perrini know the difficulty of filing a malpractice suit. In fact, this is what the insurance company counts on. Malpractice suits are lengthy and expensive. One of the major expenses is hiring a medical expert.
A Medical Affidavit Must Be Obtained
Some states require a lawsuit to be accompanied by an affidavit from a medical expert. The expert defines what the standard of care is in each situation. Furthermoe, the affidavit details how negligence caused the victim’s injury.
Malpractice Takes Many Forms
Sometimes, a doctor’s inaction is the basis of a lawsuit. For instance, the doctor may fail to diagnose an existing condition. Additionally, a claim can be made if the doctor gives a patient an inappropriate treatment. Moreover, doctors must warn patients about complications that may arise from medicine and procedures.
Having an attorney is essential in these cases. In order to recover, victims have to follow strict guidelines. The statute of limitations varies and can be anywhere from six months to two years. Furthermore, some states require victims to meet with a medical malpractice review panel.
The panel listens to all the evidence and renders an opinion whether malpractice occurred. A negative panel decision cannot block the lawsuit. However, the panel’s decision can be used as evidence at trial.
