Reviewing A Claim For A Medical Injury

By | July 6, 2017

In New York and New Jersey, all medical doctors are required to provide a high standard of care for all patients. These doctors cannot reduce this standard based on a personal belief or prejudice. They are also required to follow proper protocol when performing surgeries and providing treatment. The following is a review of a Medical Malpractice case for associated injuries.

How Did the Injury Occur?

The patient must present information about how the injury occurred. They must present details about whether or not it was a surgical procedure or another form of treatment that led to their injuries. These injuries could occur due to a failure to provide the right medication or a late diagnosis. These details determine what the doctor should have done instead of their reported action.

Were the Risks Disclosed?

At any time that a doctor provides any medical procedure or treatment option, they must disclose risks. They must present the patients with information about the medication or surgery including the possible side effects. They must acquire the patient’s signature for certain procedures that designates that the patient is aware of these risks. If the doctor didn’t disclose risks, they are liable if these conditions occur.

A Review by a Medical Witness

A medical witness must have the same credentials as the doctor that provided treatment. They can review the patient’s case file and determine how the injuries occurred. They must possess knowledge of the procedure or course of treatment to provide their assessment.

Meeting with the Hospital Board

Over the course of a legal claim, the hospital board may schedule mediation. This process allows the patient and their attorney to meet with the hospital board and their legal counsel. The doctor is also present for this meeting. If they can reach a settlement during mediation, the lawsuit doesn’t continue.

In New York and New Jersey, all medical doctors are required by federal and state laws to present high-quality health services. When they lower this standard, it is more likely that an injury or error could occur. Patients that have sustained an injury can start a legal claim today.