
According to the National Center for Biotechnology Information (NCBI), the four elements of a medical malpractice case include:
- The professional duty of care owed to the patient
- The breach of this duty of care
- The causal link between the breach of duty and the injuries
- The resulting damages from the event
In This Article
Reading time: 4 minutes
- Liable Parties in a Medical Malpractice Claim
- Events That Can Warrant a Medical Malpractice Case
- Determining Liability in a Medical Malpractice Case
- Medical Malpractice Lawyers Serving Victims Throughout New York and Long Island
Liable Parties in a Medical Malpractice Claim
Generally, you can hold any licensed medical professional liable for your pain and suffering if their negligence caused your injuries. There are also certain circumstances that can warrant legal action against pseudoscientists, homeopathic healers, or others who may even be unaccredited practitioners of what they purport to be healthcare. Examples of entities that may be liable in medical malpractice cases include:- Surgeons, including brain surgeons and oral surgeons
- Anesthesiologists
- Physicians
- Physician aids and assistants
- Registered nurses (RNs), licensed practical nurses (LPNs), and nurse practitioners
- Pharmacists
- Dentists
- Psychologists
- Psychiatrists
- Medical testing technicians
- Hospitals
- Medical practices
- Urgent care centers
- Specialized surgical facilities
- Laboratories used for medical testing
- Nursing homes and other care facilities
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Events That Can Warrant a Medical Malpractice Case
While physical injuries—such as mishandled surgeries—make up many medical malpractice cases, there are countless other errors that may warrant legal action. These include:- Failing to warn patients about the risks of certain procedures or medications.
- Missed, delayed, or incorrect diagnosis
- Overprescribing or under-prescribing medications
- Failing to properly treat an ailment to the best of the doctor’s medical abilities.
- Allowing infections to occur, often through faulty procedures or the failure to implement preventative measures
- Malpractice that takes place in a nursing home setting, which may also include tragedies such as physical abuse or neglect
- Inflicting birth injuries or allowing birth injuries to occur through negligence
Determining Liability in a Medical Malpractice Case
To determine liability, your lawyer will need to establish a link between the negligent event in question and your injuries. Your lawyer will also need to support this causal link with various forms of documentation. Depending on the exact circumstances surrounding your case, this documentation may include:- Photographic evidence of your injuries or evidence of dangerous conditions
- Medical records related to your diagnosis, previous procedures, and prescriptions
- Documents detailing any previous claims and complaints made against the accused parties
- The testimony of expert witnesses
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Medical Malpractice Lawyers Serving Victims Throughout New York and Long Island
A medical malpractice lawyer will help you find out what the four elements of medical malpractice are in your case. Here at Friedman & Simon, L.L.P., our legal team will keep you updated on your case while we actively work to identify the liable parties. We will also handle communications with the defendants in your case as we gather evidence and assign a value to your pain and suffering. To better serve your needs, our firm works with clients in several different languages, and we can meet with you on Long Island or anywhere in the New York metropolitan area. If your case goes to court, our attorneys can call upon a variety of expert witnesses to testify, including:- Economists
- Vocational rehabilitation experts
- Life care planners
- Medical experts
Call or text (516) 932-0400 or complete a Free Case Evaluation form