Medical malpractice Lawyer Brooklyn will explain that medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice. A doctor would be liable for (depending on the circumstances) such things as prescribing experimental drugs and performing cosmetic surgery. Medical Malpractice Lawyer Brooklyn will explain who are the parties involved. The plaintiff is or was the patient, or a legally designated party acting on behalf of the patient, or – in the case of a wrongful-death suit – the executor or administrator of a deceased patient's estate. The defendant is the health care provider. Although a 'health care provider' usually refers to a physician, the term includes any medical care provider, including dentists, nurses, and therapists. As illustrated in case law following orders may not protect nurses and other nonphysicians from liability when committing negligent acts. Relying on vicarious liability or direct corporate negligence, claims may also be brought against hospitals, clinics, managed care organizations or medical corporations for the mistakes of their employees. Medical Malpractice Lawyer Brooklyn will explain the elements of a case A plaintiff must establish all four elements of the tort of negligence for a successful medical malpractice claim. 1. A duty was owed - a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient. 2. A duty was breached – the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors. 3. The breach caused an injury – The breach of duty was a proximate cause of the injury. 4. Damages – Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damages can occur without negligence, for example, when someone dies from a fatal disease.
Still wondering if you have a medical malpractice case? You will need to speak with a medical malpractice lawyer Brooklyn, who would review your medical records, and be able to advise you.