New York City Medical Malpractice Attorney: How Do I Prove Medical Malpractice?

Medical negligence incidents are unfortunately common in New York City, where busy, overburdened or negligent healthcare providers can sometimes cause errors or lapses in patient care. Pertaining to this, proving medical malpractice in the city is generally a more complex process compared to other types of personal injury cases.

Establishing medical malpractice involves dealing with layers of medical standards, complex procedures, and the need for expert opinions. The challenges in these cases typically lie in demonstrating that a healthcare professional's actions deviated from the accepted standard of care, directly causing harm to the patient.

If you or a loved one has been a victim of medical malpractice in New York City, the dedicated NYC medical malpractice attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP are here to guide you through the complexities of your case and pursue the justice you deserve. With a century-old legacy of fighting for the rights of New Yorkers in personal injury and medical malpractice cases, we are strongly positioned to represent you. Call us at (212) 344-1000 for a free and confidential consultation today.

4 Legal Elements to Prove that Medical Malpractice Occurred

Here are the four legal elements that your medical negligence attorney in New York will prove in order to establish that medical malpractice occurred in your case:

Duty of Care

The first element involves establishing that the healthcare professional owed the patient a duty of care. This duty is implicit in the doctor-patient relationship and signifies that the healthcare provider had an obligation to provide treatment in accordance with accepted medical standards.

Breach of Duty

The next step is demonstrating that the healthcare professional breached the duty of care owed to the patient. This involves showing that their actions or omissions deviated from the recognized standard of care that a reasonably competent professional would follow in similar circumstances.

Causation

Proving causation is vital to establish a direct link between the healthcare professional's breach of duty and the harm suffered by the patient. This requires demonstrating that the deviation from the standard of care was a substantial factor in causing the injury or adverse outcome.

Damages

Finally, it’s essential to show that the patient suffered damages as a result of the healthcare professional's breach of duty. Damages can include physical injuries, emotional distress, financial losses, or other harm directly attributable to the malpractice.

What is the "Prevailing Standard of Care" in Medical Malpractice Cases in NYC?

In medical malpractice cases in New York City, the "prevailing standard of care" refers to the level of care, skill, and treatment that a reasonably competent healthcare professional in the same field would provide under similar circumstances. It establishes the benchmark against which the actions of a healthcare provider are evaluated to determine if they deviated from accepted medical practices.

Your New York City med mal lawyer will identify the prevailing standard of care in your case and show how the doctor or hospital's failure to meet this standard led to your injuries or health complications. Key aspects of the prevailing standard of care include:

Professional Custom: The standard is often based on the customary practices within the medical community. It considers what a reasonable and prudent healthcare professional would do in a given situation, taking into account prevailing customs and practices.

Expert Testimony: Establishing the prevailing standard of care typically requires expert testimony from qualified medical professionals. These experts provide insights into the accepted practices within the specific medical field, offering opinions on whether the defendant's actions met or fell below the standard.

Specialized Fields: The standard may vary based on the specialized nature of the medical field. Different specialties may have distinct norms and procedures, and the prevailing standard of care considers these variations.

Evolution of Medical Practices: The standard is not static and may evolve over time with advancements in medical knowledge and technology. What may have been considered acceptable in the past might no longer meet the prevailing standard if advancements have altered practices.

Individualized Treatment: The standard recognizes that medical care is often individualized, and the appropriateness of treatment can depend on factors such as the patient's medical history, condition, and unique circumstances.

How Your New York Medical Malpractice Attorney will Prove the Failure of the Defendants to Meet the Prevailing Standard of Care?

To establish that a doctor or hospital failed to meet the prevailing standard of care, your medical malpractice attorney in New York will collect various types of evidence to build a strong and compelling case.

• Medical Records: Thorough examination of your medical records is essential. Your attorney will analyze these records to identify deviations from the standard of care, such as incorrect diagnoses, medication errors, or surgical mistakes.

• Expert Testimony: Experienced medical experts will provide testimony to establish the prevailing standard of care in the specific medical field and opine on whether the defendant's actions deviated from this standard. Expert witnesses can play a key role in demonstrating negligence.

• Witness Testimony: Statements from witnesses, including healthcare professionals and individuals who observed the care provided, can provide additional perspectives on whether the standard of care was met or breached.

• Hospital Policies and Protocols: Hospital policies and protocols are valuable evidence. Your attorney will investigate whether the healthcare provider adhered to established procedures and protocols, highlighting any deviations that contributed to the malpractice.

• Before-and-After Comparison: Comparing your condition before and after the alleged malpractice occurred can help illustrate the impact of the medical error. This comparison can be important in establishing causation and demonstrating the harm caused by the deviation from the standard of care.

• Expert Reports and Studies: Your New York medical negligence lawyer may utilize expert reports and relevant medical studies to support the claim that the defendant's actions fell below the prevailing standard of care. These documents can provide additional context and credibility to the case.

• Photographic and Video Evidence: Visual evidence, such as photographs or videos of medical procedures or the aftermath of malpractice, can be compelling in demonstrating the extent of the harm caused by the deviation from the standard of care.

• Communication Records: Records of communication between healthcare professionals, including emails, notes, or correspondence, can shed light on decision-making processes and whether proper communication protocols were followed.

• Informed Consent Documents: If applicable, your med mal lawyer in NYC will review informed consent documents to ensure that you were adequately informed about the risks and alternatives associated with the medical treatment.

• Billing and Documentation: Billing records and other documentation related to the medical treatment can be examined for discrepancies or indications of substandard care.

Role of Expert Testimony in Proving Medical Malpractice in New York City

Expert testimony plays a pivotal role in proving medical malpractice, particularly in demonstrating that a healthcare professional failed to meet the prevailing standard of care. Here's why having a resourceful New York City medical malpractice law firm on your side can make all the difference:

Establishing Standard of Care

Medical malpractice cases require a clear understanding of the prevailing standard of care in the relevant medical field. Expert witnesses, often specialists in the same field as the defendant, can articulate what is expected from a reasonably competent healthcare professional under similar circumstances.

Evaluating Deviations

Medical experts can analyze the actions of the accused healthcare provider and identify any deviations from the standard of care. They bring specialized knowledge to assess whether the treatment provided was in line with accepted practices.

Causation

Proving causation is a critical aspect of medical malpractice cases. Experts can establish a direct link between the healthcare provider's deviation from the standard of care and the harm suffered by the patient. Their testimony can help establish that the negligence was a substantial factor in causing the injury.

Interpreting Complex Medical Information

Medical malpractice cases often involve complex medical information that may be challenging for jurors to comprehend. Expert witnesses can break down intricate details, medical procedures, and terminology, making it accessible to the court and the jury.

Providing Professional Opinions

Expert witnesses are qualified to provide professional and unbiased opinions based on their expertise. These opinions carry significant weight in court and can influence the outcome of the case. Their testimony lends credibility to the plaintiff's claims.

Affording top medical specialists as expert witnesses can be expensive. A resourceful medical malpractice lawyer in NYC, with a track record of success, is well-positioned to invest in hiring the best experts. Their financial resources and professional network enable them to assemble a strong team of experts to support your case.

Types of Medical Experts Your Med Mal Lawyer in New York May Hire

The selection of experts depends on the specific nature of the malpractice and the healthcare field involved. Here are some types of medical experts your NYC medical malpractice lawyers may hire to bolster your claim:

• Medical Specialists: Experts specialized in the same field as the defendant healthcare professional. For example, if the case involves alleged negligence by a cardiologist, a cardiology expert may be consulted.

• Surgeons: Surgeons with expertise in the relevant surgical procedure, providing insights into proper surgical techniques and whether the defendant surgeon deviated from accepted practices.

• Anesthesiologists: Anesthesiology experts can offer opinions on anesthesia administration, monitoring, and any errors or complications related to anesthesia during medical procedures.

• Pathologists: Pathology experts may be consulted to analyze tissue samples, diagnostic tests, and pathology reports, providing opinions on whether accurate diagnoses were made.

• Radiologists: Radiology experts can evaluate medical imaging, such as x-rays, MRIs, or CT scans, to determine whether the interpreting physician made errors in diagnosis.

• Emergency Medicine Physicians: Experts in emergency medicine may be involved in cases where malpractice occurred in an emergency room setting, offering opinions on the standard of care in emergency situations.

• Obstetricians/Gynecologists: For cases involving childbirth or gynecological procedures, experts in obstetrics and gynecology can assess whether the healthcare provider followed accepted practices.

• Neurologists/Neurosurgeons: Neurology experts may be consulted in cases involving neurological injuries, while neurosurgeons can provide insights into surgical procedures and interventions related to the nervous system.

• Infectious Disease Specialists: Experts in infectious diseases may be involved in cases related to infections acquired in healthcare settings, providing opinions on the standard of care for preventing and managing infections.

• Pain Management Specialists: In cases involving pain management, specialists in pain medicine can evaluate whether the treatment provided adhered to accepted standards and whether any negligence occurred.

Leading New York Medical Malpractice Lawyers are Ready to Represent You

At Rosenberg, Minc, Falkoff & Wolff, LLP our relentless commitment to justice and our formidable record of large settlements and verdicts has earned us a reputation as one of the leading medical malpractice law firms in NYC. Our New York City medical malpractice attorneys have secured over $1 billion in compensation for our clients.

Our compassionate and diligent approach ensures that you receive personalized attention and support during this challenging time. We are committed to investigating the details of your case, leveraging our extensive resources, and fighting tirelessly to hold negligent healthcare professionals accountable and recover the highest possible compensation on your behalf.

Call us today at (212) 344-1000 or contact us online to schedule your free consultation.