Not every error that occurs during a medical procedure qualifies as medical malpractice. As such, plaintiffs are finding it a lot harder now than before to win medical malpractice claims. More so, based on research, there has been a 50+ percent decrease in the rate of success of medical malpractice cases.
For this reason, among others, acquiring the help of a NYC medical malpractice attorney is a wise investment. Has a loved one been hurt by the mistakes of a medical professional in New York? This article offers a guide to the elements necessary to prove during the claim process to win the case.
A Consensual Doctor-Patient Relationship Existed
“To establish that a doctor’s negligence hurt you, it means there must have been a doctor-patient relationship established between you,” says Attorney Michael Duffy of Duffy & Duffy, PLLC. In this consensual relationship, the patient knowingly and intentionally sought the physician’s medical assistance, and the latter accepted them as “patient.”
Essentially, the existence of this relationship means the physician (also the defendant) was somewhat related to your medical care. As such, there will be records in the hospital and available to support the existence of that relationship. Once those records are successfully gathered, with the help of an attorney, proving the existence of a doctor-patient relationship is fairly easy.
The Physician was Negligent While Carrying Out a Procedure or Treatment Plan for the Patient
With the physician-patient relationship established, the next element to prove is the negligence of the physician. This aspect is crucial as it determines the chance of success a medical malpractice lawsuit in New York City will have. To determine whether a doctor or medical practitioner was negligent, their actions must be weighed against the standard of care.
Legally, this standard of care asks if the physician acted the way a reasonably competent physician would under the same circumstances. For example, say a middle-aged man enters the ER complaining of chest pains. The standard procedure for the physician would be to screen the patient for a heart attack involving blood tests and an X-ray, among others.
Afterward, the physician would need to analyze these results correctly to determine the actual cause of the chest pains. The doctor would be considered negligent if they did not order the standard tests or incorrectly analyzed the results.
The Physician’s Negligence Directly Caused Harm to the Patient
To win a medical malpractice case in New York, it is not enough to prove that the physician was negligent. Their negligence must be proved to have caused the injury or illness the patient suffered. In other words, if the physician had not made that particular mistake, the patient would not have suffered said injury.
However, if the physician was indeed negligent, but their negligence did not cause the plaintiff’s illness, there is no basis for a claim. For example, if the plaintiff’s illness was a result of an underlying condition, then the physician cannot be held liable. Considering the peculiarities of these cases, plaintiffs often find it hard to prove that their caregiver’s negligence caused their injury.
Moreso, you would usually require the testimony of an expert witness to confirm that the practitioner’s negligence caused the injury. That is why working with an NYC medical malpractice attorney is important; they will have access to expert medical witnesses.
The Injury the Patient Suffered Resulted in Damages that Can Be Immediate or Long Term
The last element to prove to win a medical malpractice case in New York is that your injury incurred damages; that is, you had to pay extra medical bills due to the injury, or you lost wages because you missed work. Other damages from the injury can include physical pain and suffering, permanent disability, loss of earning capacity, and emotional distress.
In some cases, the plaintiff may be deceased, in which case, their surviving family can sue for funeral and burial expenses. They can also sue for medical bills, loss of future income and benefits, emotional losses, and the victim’s pain before death.
Conclusion
Finally, there are documents you can submit to prove a medical malpractice case in NYC. These include medical records, documents that likely caused the mistreatment to occur, receipts of the medical bills, and injury-related costs.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
