Proving a Medical Malpractice Case in New York

By WRSH on September 19, 2015 - Comments off

NYC Medical MalpracticeIf you or a loved one has been injured because of a mistake made by a medical professional, you may be able to receive compensation for your losses by filing a medical malpractice claim. Before filing a claim, it is useful to have an understanding of what you will have to prove during the claim process. Not every error made by a doctor or nurse is classified as malpractice. You will have to prove that the health care professional was negligent and that you suffer some kind of actual harm as a result of that negligence.

First, you must prove that you had a doctor-patient relationship with the health care professional named in the malpractice suit. This relationship requires the doctor to provide you with competent care. You should be able to prove that a doctor-patient relationship existed by obtaining copies of your medical records.

Then, you will have to prove that the doctor, nurse, surgeon or other medical professional provided sub-standard, or negligent, care. This may involve showing that the doctor acted without the care and skill that a similarly trained health care professional would have used under similar circumstances. It could help to show what a reasonable doctor would have done compared with what your doctor did.

The next step is linking the doctor’s negligence with an injury or illness you wouldn’t have suffered had the doctor not made a mistake. You must show that the doctor’s actions, or failure to act, made your condition worse or resulted in suffering and additional injury. It will become necessary to prove that your suffering was not a result of your underlying medical condition, but a direct result of the sub-standard care you received from your doctor.

If you can prove that you received an inadequate level of care and that negligence led to your injury, you should be able to receive compensation for your medical bills and suffering. A New York City medical malpractice attorney can help you prove your case and get you the compensation you need and rightfully deserve. Contact Wingate, Russotti, Shapiro & Halperin, LLP at (212) 986-7353.

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Posted in: Medical Malpractice

 


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