Jamaica Hospital Medical Center Medical Malpractice Lawyer
Jamaica Hospital Medical Center was established in 1891 and since that time, it has been recognized as a leading hospital in Queens, New York. The hospital has received many accolades since its opening but despite these, medical malpractice has still occurred at the facility. If you or someone you love has been hurt at the hospital, you can file a claim against the staff member who caused your injuries or the hospital itself. Below, our Jamaica Hospital Medical Center medical malpractice lawyer outlines what to expect when filing your claim.
How is Medical Malpractice Defined in New York?
Medical malpractice occurs when a medical provider such as a doctor, nurse, physiotherapist, or other healthcare worker fails to provide the standard of care and patients become injured as a result. There are many different types of medical malpractice such as:
- Birth injuries
- Prescription errors and other medication mistakes
- Failure to monitor patients
- Misdiagnosis or failure to diagnose
- Failure to inform patients of potential risks
- Surgical errors
- Missed diagnosis
If you have sustained injuries due to any of the above types of negligence, you may be entitled to compensation. To obtain the full damages that are justly yours, it is important that you know how to prove your claim.
Proving Medical Malpractice Claims
Medical professionals have a legal duty to uphold a certain medical standard of care. This standard of care is the generally accepted treatment for injuries and illnesses. When filing a medical malpractice case, you must prove that the medical worker failed to meet the standard of care. In other words, you must prove that they acted negligently and breached their legal duty.
To prove that a healthcare worker acted negligently, you must determine if another medical provider in a similar field would have acted in the same manner. To do this, you need a certificate of merit, which is a legal requirement under New York law. The certificate of merit is a statement from a medical provider in a similar field stating that negligence occurred and they would have acted differently.
Lastly, you must also prove that you suffered injuries as a result of the negligent act. Medical malpractice cases are meant to restore accident victims to the position of health they were in before the accident, and compensate for their other losses. If you were not hurt, there is nothing to compensate for and as such, no medical malpractice claim.
Our Jamaica Hospital Medical Center Medical Malpractice Lawyer Can Prove Your Case
Proving medical malpractice is never easy, and the other side will fight back against your claims. At Michael Gunzburg, P.C., our Jamaica Hospital Medical Center medical malpractice lawyer can conduct an investigation to determine what type of negligence occurred and collect evidence that will prove your case so you obtain the maximum compensation you rightfully deserve. Call us today at 212-725-8500 or chat with us online to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.
