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Medical malpractice basics and help for victims

Medical malpractice is a broad category of harms referring to circumstances when a medical error or negligent medical care provider has caused harm to the victim. Patients should be able to trust in the medical care and treatment they receive but one study reports that medical malpractice is the third leading causing of the death in the United States.

Medical malpractice refers to when a doctor, medical care professional or medical care facility, such as a hospital, provides care that falls below the standard of care. Victims can be harmed when a foreign object is left in them following surgery, when they are given an incorrect medication or incorrect dosage or when a baby is harmed during the birthing process because the medical care professional delayed a c-section for too long.

Four-year-old girl killed by hit-and-run driver in parking lot

Commercial parking lots are not generally considered to be the likely scene of a serious motor vehicle, but in the crowded commercial areas of Bushwick in Brooklyn, vehicles and pedestrians move in close proximity to one another. Occasionally, they come into contact with each other, and death or serious injuries are the result.

A recent pedestrian-vehicle accident in a laundromat parking lot resulted in the death of a young girl and serious injuries to her mother. According to police and eye-witnesses, the woman and her child were walking on a public sidewalk that was used by vehicles for access to the parking lot. A second women walked out of the laundromat, climbed into an SUV and struck the child and mother as she left the parking lot. The driver of the SUV did not stop but was arrested later. The four-year-old was taken by ambulance to Wyckoff Hospital, where she died from her injuries. Her mother was also hospitalized in serious but stable condition.

How to document your car accident

Knowing how to properly document your car accident from the moment it occurs is important to ensure you are protected. A car accident victim should always be familiar with their legal rights and remedies and how to protect those rights.

The victim of a car accident should begin documenting their accident as soon as is practical following a

Time limits on personal injury claims are important to understand

There are important time limits that apply to personal injury claims for damages that victims of car accidents and other types of accidents should be familiar with. Statutes of limitation are in important part of the law to understand because they establish the timelines and deadlines that apply to personal injury claims.

Statutes of limitation vary by state and can also vary by the type of civil claim that is being filed so it is important to be familiar with what the applicable statute of limitation is. In general, statutes of limitation range from 1 to 6 years in New York depending on the nature of the claim that is being filed. That clock for the statute of limitations begins when the wrong occurs or is discovered. When a victim has been wrongfully harmed by a negligent driver, they may be able to bring a claim for damages but must be aware of the statute of limitation.

Don't make these mistakes after a car crash

The second you are part of a car accident is when you begin to worry about the future. Who was at fault? Do I have any injuries? What type of damage did my vehicle sustain? What impact will the accident have on my finances now and down the road?

These are the types of questions that will run through your mind (and need answered at some point).

What do I do if I was hurt in a car accident?

Car accidents can be devastating for victims which is why it is important for them to be familiar with their legal protections if they have been injured in an unexpected car accident or other personal injury accident. There are important steps victims of car accidents should take following a car accident to preserve the personal injury protections available to them but they may wonder what they are.

A personal injury claim for damages will allow car accident victims to recover compensation for the harm they have suffered including compensation for their physical, financial and emotional injuries. Car accident victims should ensure that any evidence available related to the accident is collected which can include photographs and other relevant information. In addition, car accident victims should make sure to obtain information from witnesses who may have witnessed the car accident. If possible, they should obtain statements and identifying information for witnesses.

Help for victims of truck accident

Truck accidents can be harrowing for victims and can result in catastrophic injuries and harm to victims. Examples of catastrophic injuries that truck accident victims may suffer as a result of a truck or other commercial vehicle accident can include serious fractures, spinal cord injuries, traumatic brain injuries, burns, paralysis and disability.

Truck accident victims may require ongoing medical care, treatment and in-home care. Sometimes the impact of a truck accident can last a lifetime. A personal injury claim for damages can help victims recover compensation for medical expenses, lost wages and pain and suffering damages. A personal injury claim can help victims with damages ranging from hospital costs to future medical care costs.

What happens when victims have been incorrectly diagnosed?

As this blog recently discussed, medical malpractice protections are an important legal resource for victims of medical negligence and doctor error. But what happens if the patient was not diagnosed correctly? Medical malpractice protections also extend to circumstances when there has been an erroneous diagnosis and can help in those situations as well.

In circumstances of a failure to diagnose, erroneous diagnosis or delayed diagnosis, victims may also be able to pursue medical malpractice protections because the medical care provider may have violated their standard of care in failing to diagnose the patient's medical condition or failing to do so properly. If the medical care professional failed to consider a diagnosis that another medical care professional would have reasonably considered in the circumstances, or failed to order the correct tests of interpret them correctly, they may be liable for medical malpractice.

Protections for victims of medical malpractice and their families

Medical malpractice can be a serious concern for patients and their families if the trust they have placed in their medical care is violated. Victims and their families who have suffered harm as a result of medical malpractice may have a claim for damages based on the liability of their medical care provider for the harm they have suffered.

When a medical care provider, including a medical professional, hospital or even pharmaceutical company in some circumstances, has negligently caused harm to the victim, victims and their families have important legal options to protect them. A medical error can result in serious harm, and may result in death, to the victim. Medical malpractice can occur in the diagnosis, treatment or care of an illness and result in devastating consequences for the victim.

What prompts the most medical malpractice claims?

Medicine is a complicated field. Every part or system of the body has its own specialists. Patients seeking care with what he or she thought was a common cold have been known to be redirected through a whole series of procedures and experts, only to come up dry on an accurate diagnosis. Sometimes those delays resulted in the patient becoming sicker or even dying.

That's perhaps the stereotypical narrative many in New York city embrace when they imagine filing a medical malpractice claim. The reality is that the basis of medical malpractice rests in the concept of a failure to deliver an expected standard of care. And under that rubric, a wide range of issues can serve as the foundation of a claim. The question then becomes how to find an attorney and assess the merits of the case.

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