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Proving Fault in a Medical Malpractice Case


When we visit a medical professional or are treated in a hospital facility, we tend to place our trust in those who treat and care for us. However, sometimes this trust is betrayed and the negligent actions of a doctor, nurse, or other healthcare providers can potentially result in severe or even fatal injuries. When this occurs, a medical malpractice case can be filed to obtain fair and just compensation.

These cases tend to be incredibly complex, so it is crucial that you hire an experienced medical malpractice attorney as soon as possible to ensure you have the best possible chance of recovering maximum damages.

Medical Negligence

A key element in any medical malpractice case is proving negligence. In order to establish medical negligence, your attorney must prove:

  • The medical professional owed you a duty of care, or that a doctor-patient relationship existed.
  • The medical professional who treated you deviated from the applicable standard of care.
  • There is a connection between the medical professional’s deviation from the applicable standard of care and your injury.
  • You suffered injuries that resulted in additional medical costs, pain and suffering, loss of earning capacity, and other compensable damages.

For your attorney to establish a standard of medical care, he or she will need to provide the testimony of another medical expert who is qualified in the same area of medicine as the defendant and can indicate the standard of care that is typically met by those in the profession. The medical expert should also explain how the defendant failed to meet this standard.

Common Types of Medical Malpractice Cases

There are numerous ways in which a medical professional can act negligent and injure a patient, but ultimately, they tend to fall into one of the following categories:

  • Failure to diagnose: When a doctor fails to diagnose a patient’s illness or the diagnosis is delayed, this can cause serious harm to a patient. For example, if a doctor fails to diagnose cancer in a patient, he or she will not get the treatment necessary, which could impact his or her ability to beat this disease.
  • Improper treatment: In some cases, a negligent doctor treats a patient in a way no other competent doctor would, which could also result in injuries. It is also possible for a doctor to select the appropriate treatment for a patient, but to administer it improperly.
  • Failure to warn a patient of known risks: It is every doctor’s duty to warn a patient of known risks associated with a procedure or course of treatment. This is also referred to as “informed consent.” If you are not made aware of the known possible risks associated with a treatment, move forward with treatment, and later suffer the effects that your doctor failed to tell you about, you can hold the doctor liable for your injuries.

Speak to a Nassau County Medical Malpractice Lawyer Today!

If you sustained an injury at the hands of a trusted medical professional, you have a right to pursue fair and just compensation. At the Law Offices of Charles R. Gueli, our medical malpractice attorney has the experience, knowledge, and insight to effectively represent you and ensure the responsible parties are held accountable for their actions. Do not hesitate to obtain the help you need during this difficult time.

Begin your medical malpractice lawsuit today and contact our legal team at (516) 628-6402 to schedule a free initial case evaluation.

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