If you have been injured due to a mistake made by a medical professional, you may be entitled to financial compensation for your losses by filing a medical malpractice claim. However, before filing a claim, you must understand what you need to prove to succeed in your medical malpractice case. In this article, we discuss proving medical malpractice in New York.
Medical Malpractice Elements
In order to succeed in a medical malpractice case in New York, you must prove the following elements:
A doctor-patient relationship existed: The first step in proving medical malpractice in New York is demonstrating the existence of a doctor-patient relationship. This means that the defendant, whether a doctor, physician, or some other type of medical professional, was in some way responsible for your medical care.
Your health care provider was negligent: Negligence is a key component of a successful medical malpractice suit. To prove that your health care provider was negligent, you must demonstrate that his or her behavior was below the applicable standard of care. The standard of care in your case is determined by determining what a reasonably competent medical professional would have done under similar circumstances.
The negligence resulted in injury: To succeed in a medical malpractice lawsuit, it isn’t enough to simply prove that your health care provider was negligent. Rather, you must also demonstrate a direct link between negligence and an injury. In other words, you must prove that you suffered an injury as a direct result of your health care provider’s negligence. If your health care provider was negligent, but your injury was the result of some other cause, such as an underlying medical condition, then there is no basis to sue for medical malpractice.
The injury resulted in damages: Finally, in order to prove medical malpractice in New York, you must prove that your injury resulted in damages. Examples of common medical malpractice damages include:
- Medical bills caused by the injury
- Lost wages from missed work
- Physical suffering and pain
- Emotional duress and mental anguish
- Loss of earning capacity
- Scarring and disfigurement
- Permanent disability or injury
In addition, in a medical malpractice case resulting in death, the victim’s family may be entitled to the following damages:
- Medical bills
- Funeral and burial expenses
- Pain and suffering of the victim prior to death
- Loss of future income
- Loss of future benefits
- Emotional losses
Contact a Staten Island Personal Injury Attorney
If you are the victim of medical malpractice in New York, you need an experienced personal injury attorney on your side. At the Law Offices of Frank J. Dito, Jr., we represent the victims of medical malpractice in Brooklyn and Staten Island. When you come to us for help, we’ll do everything in our power to ensure that you obtain financial compensation for your injuries. Please contact us today to schedule a free consultation.