Rochester Medical Malpractice and Personal Injury Lawyer Blog
If you or a loved one has been injured by a medical professional’s negligence, you should immediately seek the help of a skilled Rochester medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have the knowledge and resources to build a strong case on your behalf. We understand that dealing with a medical injury can be incredibly stressful but you can trust that we will zealously advocate for your rights every step of the way.
A recent study published by the Institute of Medicine reviewed 535 hospitals in a few large states at two specific times between the years of 2005 and 2016 to figure out the degree to which work environments had gotten better and whether positive variations were linked with increased progress in patient safety. Results showed that only 21 percent of the hospitals studied showed in excess of 10 percent improvement in work environment scores, while 7 percent had poorer scores. Furthermore, about 40 percent of the nurses surveyed indicated that important information was often lost during shift changes because things fell between the cracks. At hospitals where the work environment improved, patient safety improved as well. Given these findings, it is vital for patients to protect themselves.
Medical Malpractice in Rochester
Medical malpractice is a cause of action for damages against a medical professional. The vast majority of medical malpractice litigation is grounded in the legal theory of negligence. Negligence on the part of a medical professional occurs when a medical professional causes injury to a patient by failing to adhere to the accepted standard of care. The standard of care is the degree of caution or skill that is expected from the medical professionals practicing the same specialty of medicine in the community. A medical professional whose conduct does not meet this professional standard of care will be considered negligent if it results in patient harm. It is important to note that the standard of care is a subjective standard and will vary in every case based on the specifics of the case.
Burden of Proof in Medical Malpractice Cases
In every medical malpractice case, the burden of proof is on the injured patient to establish medical malpractice by a ‘preponderance of the evidence.’ This means the jury or judge makes the verdict based on whoever has the more convincing evidence. If your proof is more substantial and probable than the defendant’s proof, you will win the case. Put another way, whichever party makes a more compelling case will prevail.
Get Legal Help for Medical Malpractice
Medical negligence can lead to serious injury and, in some cases, even death. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Rochester medical malpractice attorneys understand the highly complex nature of medical malpractice claims and can help you secure the compensation you rightfully deserve for your injuries. We are here to answer your questions and address any concerns that you may have along the way. For more information regarding your case, please call us at 833-200-2000 or contact us online.
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