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  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
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Violation of Basic Standards of Medical Care

In a medical malpractice case it is critical to explain to the jury, what were the expected standards of care in the treatment how were these standards violated, and why such violation made a difference? For instance, you may have consulted a doctor for some health issue, and after receiving treatment from the doctor, you end up with an injury rather than getting back on track and getting your health back. You would want to know, whether the doctor has violated the basic standards of care that caused you harm.

Before Filing a Medical Malpractice Lawsuit

If you are planning to file a medical malpractice lawsuit against a doctor, you will have to obtain a medical expert to review your records. The expert will have to review all of your medical records, and then conclude whether the doctor did or did not violate the basic standards of care.

If the doctor has violated the standards of care, it is critical to find out what the expected standards of medical care were for that treatment, and how the doctor violated them. The next paramount step to negotiate is to determine exactly what injuries, harms, and losses you have suffered, because of the doctor violating basic standards of care.

Three Important Things to Show to the Jury through Medical Expert Testimony

These are the three important details to show the jury, to prove that we are more likely right than wrong. This will show that what occurred to you was improper, was due to the doctor's carelessness or negligence, and because of the carelessness, you have suffered significant injuries. All this has to be proved in court using medical expert testimony.

Supporting Your Case

At the time of trail, you are required to bring in medical experts, who will explain to the jury exactly why there was wrongdoing, whether the wrongdoing caused the injuries, and whether such injuries were significant or permanent. Therefore, it is critical to evaluate what happened, how it happened, and explain to the jury what the standards of care were for the particular treatment.

Questioning the Medical Expert Witness

The medical expert will be asked that when a patient has come in with a particular problem, what the doctor should have done that would be in keeping with sound medical practice. The expert will then explain to the jury the list of steps of the required treatment. The lawyer will then ask the expert that since the doctor had failed to provide the required treatment, would it be called a violation from basic standard of medical care. The expert will agree, and then the lawyer will establish there was negligence, carelessness, or wrongdoing on the part of the doctor.

After that, the expert will be asked to tell the jury, what injuries the plaintiff had suffered because the doctor had violated the basic standards of medical care. The experts will then go ahead and explain to the jury the different injuries the victim had suffered because the doctor was careless or negligent.

The lawyer will ask leading questions to the expert and knowledgeable witness, which will show to the jury the expected standard of medical care, how the doctor violated such care, and the injuries suffered by his patient due to such negligence.

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Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.

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