Determining when a medical error becomes medical malpractice
We trust our healthcare providers to make the right decisions for us. If they prescribe something, we’ll take it. If they say we need surgery, we’ll get the surgery. Most of the time that’s the right course of action and our trust in them is well founded.
Unfortunately, doctors and other medical professionals are not perfect. Sometimes they make errors in diagnosis, treatment, procedures, and managing your health that injures their patients. You may have a medical malpractice claim if the care provided by a healthcare professional or facility meet the criteria defined by New York law. Even if something went terribly wrong during the course of your medical care, your claim may not meet the criteria that the law requires.
Many medical malpractice lawyers provide free consultations to help you determine if your claim has all the elements that meet the legal standard for medical malpractice.
Legal elements required to prove medical negligence
It can be difficult to prove medical malpractice because New York law has four specific elements needed to prove negligence:
- Legal duty the healthcare provider owed to the patient. Legally, this means that the healthcare provider (doctor, nurse, technician, lab, hospital, clinic, etc.) was obliged to provide reasonable care. This is usually assumed when a doctor or medical facility agrees to treat you.
- The healthcare provider breached that duty. Healthcare providers must provide an “accepted standard of medical care” that would be expected of other reasonable healthcare providers put in a similar situation.
- The patient suffered an injury. You must also prove that you were injured. If you were not injured, legally, there was no negligence regardless of how badly you were treated.
- There is proof that the healthcare provider’s breach caused the injury. Finally, you must prove that your injury resulted from the action (or inaction) of the healthcare provider.
If you can prove your medical negligence claim meets these criteria, you may be eligible for monetary compensation (damages). The amount of damages that you receive is based on the extent of injuries that were due to the healthcare provider’s behavior.
Gathering the documentation needed to prove that you have a medical malpractice case can be difficult and time-consuming. You should contact a medical malpractice attorney as soon as possible if you think you are the victim of medical malpractice.
Call for a free consultation with a Bronx medical negligence attorney
Bronx medical malpractice attorney Evan W. Kohn can help you get appropriate compensation for your physical, emotional and financial injuries caused by medical malpractice. Contact The Law Offices of Evan W. Kohn online or by calling 718-409-5500 to arrange a free consultation about your case.