Physician Malpractice Advocate is a leading legal publication for attorneys, physicians, and other healthcare professionals interested in medical malpractice and patient injury law. The magazine covers topics such as the law of medical negligence, malpractice prevention, forensic medicine and expert testimony. The magazine has also been featured in numerous news articles and interviews.
A medical professional’s oath includes a promise to provide patients with care that meets or exceeds medical standards. When a medical professional deviates from the accepted protocols in their field, causing a patient to suffer injury or death, he or she may be liable for Physician Malpractice Advocate. Injuries caused by medical malpractice can be devastating to the victim and his or her family. They can leave the victim permanently disabled or disfigured, with lifelong emotional scars. Often, victims can seek financial compensation to cover a wide range of losses.
The first step in a medical malpractice case is gathering evidence and information. This may include hospital bills, medical records, eyewitness statements and photographs of the victim’s injuries. It is important to work with an experienced New York medical malpractice attorney to gather the most relevant information possible for the case.
Next, the plaintiff must establish a preponderance of the evidence that a healthcare provider’s actions were negligent. The preponderance standard means that an impartial jury, after hearing and considering all the evidence discovered by the respective parties, must find a greater than 50% probability that the defendant violated his or her duty of care to the victim.
If the plaintiff can establish medical malpractice, the next step is to prove causation and damages. Damages can include compensation for a wide range of losses including pain and suffering, loss of enjoyment of life, and loss of consortium. In addition, the victim and his or her family can also receive damages for funeral expenses, loss of income, and medical expenses.
Medical malpractice cases are complex and time consuming. They typically involve multiple parties, such as doctors, nurses, pharmacists, radiology technicians, lab personnel, doctors who read test results, ambulance attendants, and manufacturers of pharmaceuticals or medical devices. The legal team at Jacob D. Fuchsberg Law Firm has decades of experience handling such sensitive matters for our clients. We recently secured a significant settlement for a child who suffered permanent brain damage due to the medical negligence of a pediatrician.
A judicial determination of malpractice can take years to complete. During this time, the victim and his or her family must deal with the stress of the lawsuit, as well as lost wages and other expenses related to the case. While most medical malpractice claims settle, some are destined for trial.
Once a claim is filed, the insurer for the physician has 2 primary obligations: the duty to defend and the duty to indemnify. The duty to defend requires the carrier to retain a lawyer to defend the legal claims made against the insured physician. The duty to indemnify is the obligation of the carrier to pay any judgment or award that is entered against the insured physician.