(845) 802-0047Most instances of medical malpractice that occur in Albany are the product of accidents. Because of this, patients demanding compensation through a medical malpractice lawsuit must prove that a doctor was negligent in allowing an injury to occur. A negligence case allows an injured person to collect compensation for their losses despite the fact that an injury was the product of an error.
It can be difficult to prove that an error rose to the level of medical negligence. While it may be clear that a patient did not have a positive experience with a medical professional, this does not automatically mean that a lawsuit is appropriate. In fact, state law requires plaintiffs in medical malpractice cases to obtain an expert’s opinion before they can even file a case in court. A malpractice attorney could provide more information about negligence in Albany medical malpractice cases and help to determine whether a case has merit.
What Does it Mean for a Medical Provider to be Negligent?
In general, a personal injury case that centers around the idea of negligence alleges that a defendant failed to act with appropriate care. Furthermore, it was this lack of care that directly contributed to an injury and the resulting losses.
Medical negligence cases revolve around this same general concept. However, medical providers must adhere to a different standard of care than the general populace. In many ways, this different standard of care provides doctors and other caregivers with a higher level of professional protection.
To win in a medical malpractice claim, a plaintiff must prove that a medical provider failed to act appropriately according to the standards for their profession. This means that a doctor or dentist departed from protocols established in their profession and that this departure resulted in an injury. To prove this, plaintiffs must rely on the opinions and testimony of expert witnesses. According to New York Civil Practice Law & Rules § 3012-A, merely bringing a case to court requires a certificate of merit from an attorney, which states that an expert has reviewed the case and that there is a good-faith reason to bring the case forward. Usually, this expert will confirm that medical negligence has occurred.
Examples of Medical Negligence and Malpractice
Medical negligence can happen any time during the patient-doctor relationship. Even a family doctor or PCP could commit medical malpractice if they depart from the professional standards associated with their practice. For example, they might fail to recognize risk factors that might otherwise lead another doctor to recommend that a patient seek out specialist care. They could also prescribe inappropriate medications or fail to interpret test results in a satisfactory manner.
Medical malpractice also occurs in an emergency setting. While ER doctors must be able to act under extreme pressure, they also have set rules in place that determine appropriate standards of care. Failures in these critical settings are no less examples of medical negligence than errors that occur in the operating room. Negligence in Albany medical malpractice cases can involve:
- Failures to diagnose
- Failures to properly warn patients about potential risks
- Improperly prescribing medication
- Failures to interpret test results
- Botching procedures
An attorney could provide an initial case evaluation to determine if a case appears to be an example of medical malpractice.
Have an Attorney Determine if There was Negligence in Albany Medical Malpractice Cases
Every medical professional practicing in the Albany area must adhere to the standards of care established under state law. In short, they must provide care to patients that a reasonably skilled peer would do under the same circumstances. This does not mean that a poor result when visiting a doctor or dentist automatically constitutes medical malpractice.
Instead, you must obtain the help of a qualified expert to prove that negligence occurred in an Albany medical malpractice case. This could involve a failure to diagnose a condition, an improper prescribing of medication, or a botched procedure. Talking with a lawyer could help you better understand the concept of negligence as it applies to these cases.