Medical Malpractice


Medical malpractice happens much more often than you would think. The Journal for Patient Safety reports that 210,000 to 440,000 people suffer injury or death from medical mistake or negligence every year. Shockingly, this makes medical malpractice the third leading cause of death in the U.S., behind cancer and heart disease.

Medical malpractice occurs when a doctor or medical professional acts in a careless or negligent manner, causing injury or death. Needless to say, the patient’s well-being and best interest should always be held in the highest regard. When this is not the case, accidents happen and serious injury can result. Some commonly seen instances of medical mistake include:

  • Mistake in Prescribing or Administering Medication;

  • Failure to Diagnose Illness;

  • Improper or Negligent Medical Care;

  • Birth Injuries from Improper Delivery.


In order to have a valid medical malpractice claim, it must be proven that the doctor or medical professional deviated from a reasonable standard of care. This breach in care must have specifically caused the harm suffered by the patient. The following key elements must be present:

  • The doctor failed to exercise their duty of care. This means that the doctor failed to act in a reasonable way, given the particular circumstances.

  • Direct harm was caused to the patient by the doctor’s actions, or failure to act, and that this harm was reasonably foreseeable.

  • The amount of damages requested by the victim would reasonably compensate them for their loss.

If you or a loved one has been injured due to medical malpractice, it is important to take prompt action. There are very specific time lines within in which you need to file your claim. Failure to adhere to these deadlines could prevent you from filing a lawsuit. You could be entitled to compensation for your past present and future medical expenses, loss of income, and pain and suffering. Contact The Schlemmer Firm to learn more. Call 212-390-8030 or toll free at 888-458-8500 for prompt assistance.


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