Despite various innovations in modern medicine, medical malpractice cases remain one of the leading causes of deaths in the United States. When medical practitioners are found to perform below the medical standard of care, they are liable to damages that often lead to complicated lawsuits. Cases may be as minor as a simple error or as tragic as a wrongful death.
In a medical malpractice claim in New York City, the plaintiff, with the help of an experienced NYC medical malpractice attorney has to prove that care or treatment given by a health provider fell short of the medical standard of care in his field, which caused evident harm. In legal terms, medical standard of care is defined as the “the type and level of care an ordinary, prudent, health care professional, with the same training and experience, would provide under similar circumstances in the same community.”
Medical malpractice cases can get very complicated, and victims or their families will need the help of law professionals like those at The Law Offices of Joseph Lichtenstein. At the onset, the lawyer will review the details surrounding a case, and make a determination if there is indeed grounds for a medical malpractice claim. For this reason, is it important to go to lawyers who have extensive experience in the field of medical malpractice.
One thing that sets a medical malpractice case apart from other tort or personal injury cases is the need for expert witnesses. A petition for claims cannot flourish without the testimony of one. The expert witness has to be capable of establishing the standard of care required in their medical field and how the defendant failed to achieve that. The witness must have similar work experience or medical knowledge as the defendant to justify that the health care given was below the medical standard.
Medical standard of care has a broad description and open to many interpretations by physicians in different states. A physician working in a rural area may not be able to prevent a particular medical lapse in the absence of needed equipment for his disposal. Many health care professionals commit errors when they misdiagnose an illness and administer a procedure without informed consent. A seasoned NYC medical malpractice lawyer will know how to find the expert witness who can testify to bolster their client’s case.
(Source: Medical Standard of Care in a Malpractice Case. Nolo.com)