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
If you wish to take legal action in a medical malpractice case, your attorney will need to present tangible evidence of wrongful conduct that proves these four elements. When you ask yourself, “What are the four elements of medical malpractice in my case?” you should begin by considering the circumstances that led to your injuries or the injuries inflicted upon your loved one. As many professionals generally and doctors and other healthcare providers generally, often take a very strong defensive posture to deny their fault proving liability may be difficult. A medical malpractice lawyer with Friedman & Simon, L.L.P. is there for you, ready to offer legal guidance and gather evidence while investigating your claim and then analyzing that evidence, ever mindful of our goal, to build the strongest case possible for you.
In This Article
- 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
- Physician aids and assistants
- Registered nurses (RNs), licensed practical nurses (LPNs), and nurse practitioners
- Medical testing technicians
Under certain circumstances, you may be able to file claims against entire medical facilities, including:
- 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
Further, if the court finds you to be partially responsible for your injuries, the judge may lower your final settlement amount by the percentage of fault you displayed, in accordance with New York Civil Practice Law & Rules (CVP) § 1411.
For the average victim of medical malpractice, these claims can seem like a daunting task, especially if the claim calls for special forms of evidence. If you choose to retain a medical malpractice attorney, they can investigate every aspect of your case and gather applicable evidence to back up your statements. The attorney can then assemble the evidence so that it will be presented in the most compelling way, either to win a settlement with the at-fault party’s insurance carrier or to a judge and jury if that is what circumstances call for.
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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:
- Vocational rehabilitation experts
- Life care planners
- Medical experts
It is important to note that there is a limited time to file medical malpractice cases in the State of New York, and there are other deadlines that apply to cases as well. These and other factors, such as gathering evidence like witness statements or video surveillance footage, as soon as possible after the accident, indicate that the sooner you contact us, the greater our opportunity to build the strongest case possible for you. To get started with your free consultation today, contact a Friedman & Simon, L.L.P. representative at (516) 932-0400.
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