Just because someone experienced an injury or complications while receiving medical care, it does not necessarily mean there was medical malpractice. A knowledgeable medical malpractice attorney could help you with defining Hudson Valley medical malpractice. If you believe you or a loved one suffered an injury due to medical malpractice, reach out to an experienced lawyer today. An attorney could review your case and help determine if you are eligible for compensation.

National Standard of Care

Defining Hudson Valley medical malpractice begins with understanding what the national standard of care is. The national standard of care refers to the rules of conduct that a physician is supposed to comply with. This can vary from case to case. For example, if a patient presents with a sudden onset of severe chest pain, the standard of care, in that case, would be to perform a test for cardiac enzymes. This is a blood test that looks for a heart attack. It is also standard to perform an EKG that can check for a heart attack or a blockage of blood flow to the arteries that supply blood to the heart.

How is it Determined if Malpractice was Committed?

The first issue as to whether medical malpractice has been committed is to determine if there was a deviation from the standard of care. The second question is whether the deviation from the standard of care was a factor in causing injury or harm to the patient. For example, if a patient is admitted with a sudden onset of severe chest pain and the doctor or hospital does not do the appropriate test, they would not comply with the standard of care.

They send the patient home, but no health issues arise. The patient is fine. In that case, there has been no harm or injury to the patient, so even though there was a deviation from the standard of care, no harm has occurred as a result and therefore there is no medical malpractice. Both elements must be present if there is to be a medical malpractice claim.

Accusations of Patient Negligence

The most common claim a defendant makes against patients is that the patient did not comply with medical instructions or advice. For instance, a patient goes to the hospital complaining of the sudden onset of chest pain. The doctor tells the patient that they need to be admitted to do further testing but then the patient refused to be admitted, then the patient did not comply with medical instructions.

What if the Patient Does Not Follow Orders?

If the patient acts against medical advice and does not do the things the doctor is telling them to do, that exonerates the physician. This means that if the patient suffers complications from chest pains, then they cannot file a claim against that doctor.

However, in many cases, the doctors do not give the appropriate medical care but may still claim the patient did not comply with medical instructions. The way to defend against such claims is to show the medical records whether the actions taken by the physician were consistent with what they are now claiming.

How an Attorney Could Help With Defining Hudson Valley Medical Malpractice

Medical malpractice has a distinct definition and is not simply a mistake on the part of a doctor or hospital. The questions that have to be answered are: was there a deviation from the standard of care and, if yes, did that deviation from the standard of care contribute or cause harm or injury to the patient? If both of those are true, there is a third question as to whether the harm or injury to the patient is catastrophic enough to make it worthwhile to pursue the case. The patient may have a minor injury or may have a complete recovery from a devastating injury. If that is the case and there is no long-term disability, injury, or death, then it is really not financially worthwhile to pursue litigation because the recovery might just be equal to the expenses that the firm incurs in bringing the lawsuit.

If you have any questions about defining Hudson Valley medical malpractice, call a well-established attorney today.