When a medical professional makes a mistake that negatively impacts their patient’s health, the victim may be entitled to compensation. Such errors are often the result of poor judgment, a lack of proper technique, or recklessness. Medical malpractice lawsuits can be very complex, involving testimony from medical experts and requiring a thorough review of the case facts. Attorneys who specialize in this type of litigation are best equipped to handle the complex legal issues involved.
Depending on the circumstances, malpractice claims can be very expensive to litigate. The expenses of prolonged testimonies from expert witnesses and countless hours of deposition procedures can make a case uneconomical, even when there is substantial potential for a settlement. Therefore, it is critical that any malpractice claim is supported by a sufficient amount of potential damages to justify the time and expense required to pursue the matter.
Malpractice cases typically involve a patient or their family members seeking compensation for injuries sustained by a healthcare provider’s negligence. The victim’s losses can include past and future medical bills, loss of earnings, pain and suffering, and in the event of a death, funeral costs and loss of consortium.
In the United States, physicians and other healthcare professionals are generally required to carry malpractice insurance that covers them in the event of negligent treatment of a patient. This insurance is usually a requirement of hospital privileges or employment with a medical group. However, a physician may also choose to obtain an individual policy for personal protection against negligent acts.
To establish that a doctor’s actions were negligent, the plaintiff’s attorney must prove four legal elements:
1. The defendant failed to provide the patient with the appropriate standard of care.
2. The standard of care is defined by what another healthcare professional in the same or similar practice would have done in the same situation.
3. The failure to meet the standard of care caused injury to the patient.
4. The injury must be a direct result of the medical negligence.
To successfully prove a medical malpractice case in New York, the plaintiff’s attorney must present a number of key elements to the jury. The first step is to establish a physician-patient relationship between the plaintiff and the defendant. This can be done through a medical chart and other evidence such as photographs of the patient’s condition at the time of the negligent act.
The second element is to show that the defendant departed from accepted medical practices and this departure caused injury or death to the patient. This typically requires the testimony of an expert witness who can explain to the jury what the prevailing standards of care are and how the defendant’s actions were a breach of those standards. The expert will also be able to explain how the negligence caused the patient’s injury. A New York Medical malpractice lawyer with extensive experience in pursuing these types of claims can help.