When an individual suffers an injury or a worsened condition because of a healthcare provider’s negligence, the victim is entitled to seek monetary compensation for his or her damages through a medical malpractice claim. The term “healthcare provider” can refer to any party that has the duty to protect the victim from injury or illness and facilitate his or her recovery, such as a doctor, a nurse, hospital support staff, or even a hospital administrator or a drug manufacturer. Although many individuals think of claims against doctors when they think of medical malpractice claims, there are many different parties who can be subject to this type of claim.
Determine Which Party is at Fault for Your Injury
In any medical malpractice claim, really any personal injury claim, one or more parties must be identified as negligent parties. These are the parties whose actions or lack of appropriate action caused the victim to suffer his or her injury.
In a medical malpractice claim, a nurse may be negligent by failing to administer medication to a patient at the correct interval. A hospital’s administration staff may be negligent by mixing up patient files, resulting in a patient receiving the wrong treatment. Other ways a hospital may be negligent include failing to sterilize equipment, resulting in an infection, or misrepresenting the treatments and services offered to patients.
A drug or medical equipment manufacturer can be at fault for your condition as well. If a recalled drug was administered to you or if a piece of medical equipment malfunctioned and hurt you, you could have grounds for a product liability claim.
Seeking Compensation for a Medical Malpractice Claim in New York
Through the evidence you collect, such as your medical record, testimonies of your condition’s symptoms and your recovery, and information about the hospital where you were treated, you and your lawyer can determine which party was negligent. You might find that multiple parties were negligent and that these acts of negligence directly caused you to suffer.
Once you have determined the negligent party, your lawyer will work with you to pursue a medical malpractice claim to prove that the negligence directly caused your condition which in turn caused your specific damages for which you are seeking compensation. These damages can include your medical bills for corrective care, your lost wages as a result of the prolonged recovery time, and other needs associated with your condition, such as the need for a mobility aid or your decreased quality of life caused by a permanent disability.
Work with an Experienced New York Medical Malpractice Lawyer
If you are suffering as a result of a healthcare provider’s negligence, you have the right to file a medical malpractice claim to seek compensation for your damages. To learn more, speak with a member of our team of medical malpractice lawyers at Peters Berger Koshel & Goldberg, P.C. Schedule your free consultation in our Brooklyn office today.