New York Medical Malpractice Lawyer
We trust medical professionals with our lives but there are occasions were mistakes are made as a result of their negligence. Medical errors can occur during surgery, diagnosing, prescribing medications, delivering a newborn and unfortunately much more that can lead to severe injuries, illnesses and death. Contact A.L.F. to speak to an experienced trial attorney to discuss your potential rights to Maximum Recovery for your Pain and Suffering.
A medical malpractice claim is a claim of negligence committed by a professional health care provider — such as a doctor, nurse, dentist, technician, hospital or hospital worker — whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient or patients.
In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean negligence occurred. To succeed in a medical malpractice case, a plaintiff has to show an injury or damages that resulted from the doctor’s deviation from the standard of care applicable to the procedure.
You should talk to a lawyer who specializes in such cases, as soon as possible. Tell the attorney exactly what happened, from your first visit to the doctor or other health care provider, through your last contact with him or her. If possible, obtain your medical records and bring them to your first meeting with the attorney. There are time limits governing how long someone may wait to bring a medical malpractice claim, so time is of the essence.
Although the specific definition of informed consent may vary from state to state, it means essentially that a physician (or other medical provider) must tell a patient of all the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment, and must obtain the patient’s written consent to proceed.
Your physician had a duty to tell you that the drug was part of an experimental program, and you had the right to refuse to participate in it. You may have grounds for an action against your doctor based on his/her failure to obtain your “informed consent” relative to this treatment.