Westchester County Medical Malpractice Lawyer
Medical mistakes kill more than 250,000 people every year. Furthermore, hundreds of thousands of patients suffer injuries and their lives may be changed forever, due to medical malpractice. It is vital to contact an experienced Westchester County medical malpractice lawyer if you feel you or a loved one has been a victim of medical negligence. Call (914) 993-0393 for a free consultation to discuss your right to compensation.
Why Work with Our Westchester County Medical Malpractice Attorney?
- Our experienced team of lawyers has served victims of medical malpractice for over fifty years.
- We have the knowledge and experience to guide you through the legal process and towards fair compensation, so that your focus remains on your recovery.
- We have a proven track record of success in settling and trying complicated medical negligence cases, and have recovered millions of dollars on behalf of our clients.
Common Types of Medical Malpractice Claims
It is impossible to provide a comprehensive list of all types of medical malpractice claims, but here are the most common:
- Doctor negligence
- Failure to diagnose / improper treatment
- Misdiagnosis
- Hospital error
- Birth defects or injuries
- Nursing home injuries and elder abuse
- Pharmacy errors
- Wrongful death
Medical malpractice occurs when a healthcare provider causes injury or death to a patient by failing to act within the applicable standard of care. In other words, a physician or other medical provider commits medical malpractice when they fail to act as another healthcare provider would have under the same circumstances.
How to Prove Medical Malpractice
Medical malpractice lawsuits hinge on the legal theory of negligence. Negligence refers to the idea that a party, such as a medical professional, must exercise reasonable care and skill to another, or in this case a patient. To establish medical negligence, the following elements must be present:
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- Duty of Care: The healthcare provider owed the victim a duty of care. This can be done by showing you had a provider-patient relationship with the doctor or hospital you are suing.
- Breach of that Duty: The healthcare provider violated their duty (committed negligence) by failing to provide the acceptable standard of care. An expert witness, which would be another healthcare provider who has similar qualifications, training, and experience, will be required to prove that the medical provider’s negligence is “more likely than not” the cause of your injury.
- Damages: You suffered economic losses as a result of the injury. Examples of damages include medical bills, lost wages, mental anguish, and physical pain.
If you are unhappy with the care you received from a medical provider, it doesn’t mean that medical negligence was committed. Your case will heavily rely on expert witness testimony. An expert witness will testify to the current minimum acceptable standard of care, as well as demonstrate how your provider deviated from that standard.
Speak to a Highly Skilled Medical Malpractice Lawyer in Westchester County
When you choose to retain a medical malpractice lawyer at Fiedler Deutsch, LLP, you gain the peace of mind that can only come from proven methods and applicable experience. Contact us today to schedule a free consultation, call (914) 993-0393 or reach us through our online contact form for a free consultation in Yonkers, New Rochelle, Mount Vernon, White Plains, Peekskill, Rye or anywhere else in New York.