(845) 802-0047One way medical professionals could violate a patient’s right to reasonable medical care is by providing care while distracted. Distractions can range from simply thinking to using a cell phone or another electronic device while providing treatment. When these distractions lead to mistakes in care, you could suffer severe injuries.
Distracted doctoring in a Troy medical malpractice case is a leading cause of medical injuries. People harmed in this way may have a legal claim for compensation. An experienced medical malpractice attorney could explain your legal rights and how to pursue a case alleging improper medical care in court.
The Obligations Placed on Medical Professionals
All medical professionals, whether doctors, nurses, or dentists, have a legal obligation to provide competent care to their patients. This includes giving their full attention to the patient when providing treatment. However, medical professionals often work long shifts, leaving them tired and distracted. Even a simple slip of the hand or lapse in judgement could cause serious injury.
In a case of medical malpractice, plaintiffs, or the injured patients, need to prove that the medical provider violated their duty of care. This is called the locality rule. In short, a medical provider must act as a reasonably competent peer would, given the circumstances and their geographic area. In other words, a doctor in Troy must provide the same level of care as another doctor in Troy. This is one reason providing medical malpractice is so difficult. Consequently, many plaintiffs rely upon the testimony of a medical expert and the assistance of a focused patients’ rights attorney.
Expert Witnesses in Distracted Doctor Claims
Every medical malpractice case must rely upon the analysis and testimony of an expert witness. This expert must be a licensed professional and should be an expert in the same area of medicine as the alleged malpractice. For example, potential plaintiffs claiming distracted doctoring during a botched plastic surgery may benefit from consulting a plastic surgeon to evaluate any alleged distractions and the expected level of care.
Expert evaluation is an important step for recovery. In fact, according to New York Civil Practice Laws and Rules §3012-a, plaintiffs in distracted care cases must consult an expert before the case goes to trial. An affidavit signed by the plaintiff’s malpractice attorney stating that they have consulted an expert who believes there is a good faith reason for a claim must accompany a medical malpractice complaint. Although locating an expert witness can be daunting, an attorney could help people injured by a distracted doctor in Troy find an expert and to work towards a favorable outcome.
Talk to a Troy Medical Malpractice Attorney About Distracted Doctoring
Distracted doctoring is a leading cause of medical injuries in Troy. Fatigue, the use of a cell phone, or a lack of concentration could result in a serious injury. However, people in who find themselves in this position have the right to demand compensation through a medical malpractice lawsuit.
Although this process can be confusing, a medical malpractice attorney could help injured people understand their potential for recovery. In addition to standing by your side, an attorney could work to gather the facts concerning your potential claim, research and locate medical experts, and to pursue a case at trial. Contact an attorney today to schedule an initial consultation and learn more about your legal options.