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Mount Vernon Medical Malpractice Lawyer

Medical mistakes are common, but it is medical malpractice when a healthcare provider causes serious harm because they failed to follow proper guidelines or protocols. This can happen with any medical provider for a variety of reasons – whether that be during treatment after a Mount Vernon car accident or in a wrongful diagnosis of your symptoms. If you believe medical negligence is responsible for your injury or illness or a loved one’s, contact Fiedler Deutsch, LLP. We offer free consultations; call (914) 993-0393 or reach us online today. 

Grounds for Medical Malpractice Cases in Mount Vernon

Malpractice claims are commonly filed in Mount Vernon for injuries resulting from: 

Medical errors are a leading cause of preventable injuries and death in the U.S., and this list is not exhaustive.

Proving Medical Malpractice

When a medical professional makes an honest mistake or you are unhappy with your care, it does not necessarily mean medical malpractice occurred. To prove medical malpractice, you must be able to provide evidence of the following four elements of negligence: 

Duty of Care

A doctor-patient relationship existed, which can be relatively easy to prove with medical records. 

Breach of Duty of Care

The healthcare provider breached their duty of care. To prove this element requires establishing the appropriate medical “standard of care” under the circumstances and how it was deviated from. In other words, evidence that a similar medical provider would have taken a different course of action in the same situation. Establishing the expected standard of care in your specific case is often the most contested issue and typically requires testimony from a medical expert. 

Causation

The medical provider’s breach of duty of care directly caused your injury or illness. You must be able to demonstrate that your injury or illness was “more likely than not” caused by the medical provider’s incompetent decision(s) or treatment and would not have occurred otherwise. 

Damages

The injury or illness you suffered resulted in damages. To have a medical malpractice claim, you must have suffered losses for which you are owed compensation. For example, medical bills, lost income, pain and suffering, etc.

Types of Damages Available in a Medical Malpractice Claim

You may be entitled to the following types of compensation if you have suffered due to medical malpractice:

Economic Damages

Compensation to reimburse actual financial losses, such as:

Non-Economic Damages

Compensation for subjective losses that do not reflect an exact dollar amount. For example: 

If the healthcare provider exhibited extreme recklessness or egregious behavior, the court may also award punitive damages as further punishment. 

Contact Us Today

If you or a loved one believes you are a victim of medical malpractice, we can help you hold the wrongful party accountable. Call our Mount Vernon personal injury attorneys at (914) 993-0393 or reach us online to arrange your free consultation today.