Proving Malpractice in Medical Services: The Why's and How's

If a patient in the state of New York suffers physical, mental, and emotional loss as a result of medical treatments, then he or she has a legal right to file a medical malpractice case against the hospital, the primary doctor or doctors, or against both the medical facility and the doctor.

The types of financial compensation that a victim of medical malpractice is entitled to include compensation for expenses already incurred and compensation for expenses the victim is likely to incur in the future.

The burden of proof in a medical malpractice case

New York law demands that the victim and close family members gather all the necessary "evidence" in forms of documents, photos, or treatment records-to build a strong malpractice case. The burden of proof in a medical malpractice case is always on the plaintiff (victim) and the plaintiff's legal counsel, and unless the legal team prepares a strong case, the chances of winning a case may be slim.

Proving the negligence of hospital facilities

In some cases, the doctor treating a patient may be outstanding and the best in the city, but if reasonable healthcare standards have not been maintained by the medical facility leading to damages or injury to the patient, then the patient's family members do have the right to pursue a medical malpractice case against the medical facility.

Proving the negligence of doctors

If a patient suffers during treatment due to a doctor's inexperience, lack of expertise, or simple negligence, then the patient must prove that:

1. The alleged doctor was the primary healthcare provider for a particular treatment and an ongoing doctor-patient relationship existed.

2. The doctor was negligent during the treatment process.

3. The doctor's negligence caused physical damage and other losses like loss of work time, loss of earnings, and mental suffering.

Client confidentiality is of cardinal importance

Generally, when victims of medical malpractice contacts a NY law firm, the first piece of advice they receive is not to discuss the case or the details relating to the case with anyone. The casual comments or statements that a victim may make to a third party may be taken out of context and used to adversely impact the malpractice case later. The clients of medical malpractice cases are also advised not to sign any paperwork such as insurance papers without the prior consent of their medical malpractice attorney such as those from RMFW Law.

The statute of limitations operative in medical malpractice cases

This is the US state-specific allowable time period within which a medical malpractice case must be filed to be valid for legal purposes. If a victim of malpractice in New York state fails to file the medical malpractice case within the time period provided New York's state's statute of limitations, then he or she will lose all the claims and rights to any compensation.

The legal procedure followed for filing the malpractice case

Here are some fundamental principles governing all medical malpractice cases in New York state:

· The patient must preserve all treatment records to prove there was an ongoing doctor-patient relationship during the treatment period that led to damages.

· The client does not have to visit the court unless the malpractice case must be settled through trial. The majority of medical malpractice cases are settled before trial.

· In many cases, the injury claims can be settled through negotiations with the insurance company lawyer. In these cases, the defendant may not even have to pay for any damage out-of-pocket.

· Unless the medical malpractice case is about defaming the doctor, the case will be deemed a civil suit. In case of death or grave damages, the family members may file a criminal case against the doctor.

· The medical bills are compensated for regardless of whether they have already been paid by insurance or not.

· Additionally, the victim will also be compensated for lost earnings, permanent physical damage, future medical expenses, and emotional pain.

· The final value of the claim may depend on a combination of factors, such as the proven liability of the hospital or doctor, the severity of the damages, the long-term impact of the damages, the future medical expenses, and whether the case must be tried or settled out of court.

· In most cases, the victim does not have to pay for court fees or expert witnesses until the case is settled and the full compensation is recovered.

· After the initial four to six months of thorough case investigation by the law firm, the legal procedure may last anywhere between two and four years, depending on the court schedule, the cooperation of the insurance company in settling the claims before trial, or whether a case can be settled out of court.

If you think you have been a victim of medical malpractice in New York State, then you can contact the medical malpractice lawyers Rosenberg, Minc, Falkoff & Wolff of RMFW Law at 212-344-1000.

RMFW Law knows how to win cases. We have been winning cases for decades now. You can possibly be on this winning list if you give us a call and allow us to work for you.