NEW YORK MEDICAL MALPRACTICE LAWYERS
HOW TO WIN A CASE
We are taught from a young age that we should trust our doctors and those who provide us with medical care. While that can be good advice in many situations, it can also unfortunately lead people to believe that doctors and medical professionals do not make mistakes. Those who are charged with either keeping us healthy or returning us to health are as human as we are, though, and mistakes do occur in this setting.
Unfortunately, when these mistakes do take place, the results of them can be catastrophic. That’s why the laws in New York provide an outlet for those who have been harmed by what’s known as medical malpractice. If someone has suffered because of the negligence of a doctor or medical professional, they have legal rights that need to be enforced with the help of a medical malpractice lawyer. Below is a brief overview of what needs to be proven for this sort of claim to be successful.
DUTY AND BREACH OF DUTY – TWO INITIAL REQUIREMENTS
When bringing a medical malpractice claim against a doctor or medical professional in New York who has created harm for his or her patient, there are four different tenets that must be met in order for the claim to be successful. The first is known as duty. The plaintiff must show that the defendant had a duty to protect the plaintiff/patient from unreasonable harm.
Secondly, the plaintiff must show that the defendant breached this duty of care in a basic way. This is done by defining whether the defendant’s conduct was reasonable or unreasonable. Courts will make this measurement based on what other doctors in similar positions would have done with the facts presented. If other doctors would not have acted in the manner that the defendant did, it could lead the way to a finding of medical malpractice on the part of the defendant.
CAUSATION AND DAMAGES – THE FINAL REQUIREMENTS
If the first two elements of medical malpractice are proven, the plaintiff must still show the court that the alleged negligent conduct caused the injuries suffered. The element that needs to be proven to show this is known as causation, and it can be an extremely difficult item to prove. The plaintiff must show that the defendant’s negligence, as defined by his or her breach of the duty of care above, either directly or indirectly led to the damages the plaintiff has suffered.
Finally, the defendant must show that he or she suffered damages as a result of the conduct that meets the first three elements above in order to win the case. Proving this situation to a court can be a challenge to someone without this background. If you or someone you love has been harmed while receiving medical care, contact the malpractice lawyers at The Fitzgerald Law Firm today to schedule a free initial consultation.