Medical malpractice happens when a medical professional, such as a nurse, doctor, or surgeon, commits negligence and injures or harms a patient. Unfortunately, malpractice isn't always easy to identify. In fact, some instances of doctor negligence occur by "omission," or the doctor's failure to act.
Determining negligence starts with the term "standard of care," the generally accepted method of treatment for patients in your situation. A doctor is negligent when he / she deviates from this accepted standard. This is called "breach of duty."
Negligence alone does not constitute a malpractice suit. In fact, your lawyer must take several additional steps to prove your case. First, you must demonstrate that you sustained an injury or some form of damages. If your doctor made a mistake but it did not have quantifiable repercussions, filing a lawsuit may be impossible. In other words, you must be able to show that your doctor not only acted negligently, but this negligence caused your injury or damages.
Three basic components of a medical malpractice lawsuit:
- Your doctor breached the accepted standard of care
- You sustained an injury, illness, or other damages
- Your doctors negligence was directly responsible for the damages
The First Step is Speaking to an Attorney
Like any personal injury claim or lawsuit, medical malpractice cases are complicated. If you suspect a negligent doctor caused your injury, now is the time to contact a lawyer. Our Nassau County medical malpractice lawyer can help you understand your case, your rights, and your options with the Law Offices of Charles R. Gueli. During your free, initial consultation with us, we will strive to gain a better understanding of your situation and the best course of action to pursue the compensation you deserve.
For more information, contact us at (877) 435-1509.