When May A Doctor Be Said To Have Committed Malpractice?


A common misconception is that only doctors can be held liable for malpractice.  The fact is, however, that many types of professionals working in the medical industry can be held civilly accountable for malpractice.  Assistants, technicians, and nurses can be held accountable for malpractice.  As can specialists such as anesthesiologists, oncologists, and obstetricians.

Therefore, generally speaking, medical services that have been provided negligently are compensable from any medical professional who owed a duty of care to the patient.

An experienced Kingston medical malpractice has seen many ways in which patients have been injured as a result of a medical professional’s negligence.  Moreover, the experienced lawyer knows how to spot the signs of negligence and the types of professionals whom cause the negligence suspected of.

In the medical setting, medical malpractice occurs when the professional did not provide the proper standard of care to the patient.  While this standard will vary depending on the specialty and the place in which the professional practices, all patients are owed a standard of care dictated by the medical profession.  So negligence arises when the medical professional did not perform his/her services at the level by which another practitioner would have when practicing in the same locality and area of specialization.

This should highlight the need for second opinions after receiving initial diagnoses from doctors.  Not only is it just good standard procedure, but it is also useful if you still don’t feel well.  Sometimes a slow recovery is not typical and the prolonged illness may be a sign of negligence.  Seeking help from other doctors and from a medical malpractice attorney who can spot the signs of malpractice could very well be in your best interests.

As a word of caution, you should realize that sometimes medical procedures have been performed adequately but you may still feel ill.  This is an unfortunate fact within the medical profession.  While a doctor may be able to help you determine what the cause is, the fact remains that any medical procedure performed within the accepted medical standard may not be a case of negligence.

Determining what the appropriate standard of care is, and whether or not a procedure fell below accepted standards is complex.  As a result, expert testimony must testify to the standard so that a jury can properly determine liability.  The patient’s attorney must prove that the doctor failed to meet his/her standard of care and that such caused the patient’s injury.  The damages that were suffered must be proved as well.

If you or a loved one has been injured or has died as a result of suspected medical malpractice, an experienced New York medical malpractice attorney can help.  Remember that you have a limited time within which to commence suit, so call one of our attorneys today.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.