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The Wrong Medication as the Basis of a Medical Malpractice Case

When a patient is given the wrong medication, he can suffer considerably and even die. Such a person who has suffered significantly due to the wrong medication prescribed or given to them can file a medical malpractice lawsuit and claim compensation for this error and the ramifications stemming from it.

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Recovering compensation for emergency room errors

With hundreds of thousands of patients passing through every year, emergency rooms in New York can be busy and hectic places. Although there may be many patients in serious condition who come in at once, each individual patient is still entitled to receive proper care and treatment by emergency room staff.

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The importance of a second opinion in breast biopsies

Women in New York might be concerned about a recent breast biopsy study. Getting a second opinion after a breast biopsy has become more critical since the subject has been studied extensively and the findings show that specialists often misdiagnose them. This is according to a study that was published in an issue of the Journal of the American Medical Association on March 17, which included 240 breast biopsy specimens and 115 U.S. pathologists.

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Including a Doctor’s Chart into Evidence

When you have filed a medical malpractice lawsuit in the state of New York, there are number of ways of getting the doctor’s medical chart into evidence. One of the ways is known as a business record exception. This means, the doctor’s records kept in the ordinary course of business, when the doctor was treating this particular patient. Since the doctor keeps these records in the ordinary course of his business, we are allowed to enter such records into evidence.

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Judgment Call is the Most Common Defense of a Doctor

One of the most common defenses that doctors and their attorneys use in medical malpractice cases is the judgment call defense. When you bring a lawsuit against a doctor, claiming he did something wrong, the doctor could say at trial that it was his medical judgment to treat this patient in the way he was treated.

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Lack of Informed Consent in a Medical Malpractice Case

When your doctor does not tell you that you could suffer a complication that you are suffering now after going through the medical procedure, then would that be a valid basis for filing a medical malpractice case. The answer is maybe. Lack of informed consent means failure on the part of the doctor to provide sufficient information, so that the patient can take an educated decision. However, in most instances, lack of informed consent cannot be the only basis for filing a lawsuit.

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