Is Medical Malpractice Difficult to Prove?
If you have experienced an injury as a result of the actions of a medical professional, you are able to file a medical malpractice claim. However, in order to get the compensation you might be entitled to from such a claim, you must prove that a medical professional’s actions directly caused your injuries.
In some cases, medical malpractice will be difficult to prove due to challenges associated with medical malpractice claim law in the state of New York. Experience shows that choosing the right law firm to fight for your rights can make all the difference.
Establishing Medical Malpractice is Often Difficult
It might be challenging to prove medical malpractice occurred in New York due to a number of factors. In order to successfully resolve a medical malpractice claim, the claimant must prove that:
- A medical professional had a doctor-patient relationship with the patient.
- A medical professional did not follow generally accepted medical practices.
- The actions of the medical practitioner directly led to the patient’s injuries.
Proving all three of these factors to be true could be challenging, and will require a lawyer to work with witnesses who are medical experts. Once expert support for medical malpractice has been established, the case to prove damages may also require opinions from experts such as vocational rehabilitation specialists, life care planners, and economists.
While the past actions of a practitioner will not prove whether that practitioner committed malpractice in your case, it is interesting to search the site linked here: The State of New York Department of Health offers a database of physician profiles that gives the public access to information including previous legal action taken against a doctor, such as medical malpractice.
Difficulty in Establishing a Doctor-Patient Relationship
Establishing a doctor-patient relationship will be one of the easiest parts of a medical malpractice claim in New York, as you could have a relationship with any healthcare provider who was treating you around the time your injury occurred.
However, you should be aware that not every doctor-patient relationship might be relevant to your medical malpractice claim. For example, you could have a long-term relationship with your family doctor, but if that doctor had nothing to do with an injury sustained through medical care, it is almost certain that they will not be liable in a medical malpractice claim.
Challenges in Assessing a Medical Professional’s Actions
The second step in building a medical malpractice claim involves showing that a healthcare professional did not act in a “reasonable” way. This means that they did not act in the generally accepted way most other medical professionals would in the same situation.
Establishing this will require a lawyer to work with specialists who will provide information about expected medical care and whether or not a healthcare worker demonstrated negligence. Merely making a mistake does not necessarily qualify as negligence. It must be shown that the treatment was not consistent with the generally accepted standard of care.
Working to Show That a Patient was Hurt
Finally, in order to build an effective medical malpractice claim, a lawyer must be able to demonstrate that the actions of a medical professional directly led to your injuries. This means that a lawyer has to show that a doctor’s actions made your condition worse and that you were not merely:
- Hurt by the effects of your illness
- Affected by an injury that previously occurred
A medical professional must make your condition worse in order for your medical malpractice claim to likely be resolved in your favor. It could be difficult to prove that a medical professional worsen your condition, and that too will require expert testimony.
Burden of Proof
The plaintiff bears the burden of proof in a lawsuit. A medical professional does not have to prove that they acted in an appropriate way; rather the patient must prove that the professional acted inappropriately, i.e., departed from the generally accepted standard of care, and by doing so, caused an injury.
In order to establish that medical malpractice occurred, a lawyer will review your medical record and work with medical experts who will focus on determining if a medical professional acted appropriately when offering you treatment.
Possible Outcomes of Medical Malpractice Claims in New York
Proving a medical malpractice claim in New York could allow you to secure compensation you might be entitled to for your losses. This means that you receive compensation for your medical expenses, to cover wages you lost at work during your recovery, for your pain & suffering and other damages that you suffered as a result of your injuries, caused by the medical malpractice.
A wrongful death lawyer could also help if you lost a family member due to an act of medical malpractice, an unfortunate circumstance no one should be forced to deal with on his or her own. If this has happened to you, we extend our heartfelt condolences. Please note, we are determined to recover the compensation you need and the justice that your departed loved one deserves.
Discuss Proving a Medical Malpractice Claim with a Lawyer
In some cases, proving that medical malpractice occurred is difficult. It is in your best interest to retain the services of an experienced and dedicated medical malpractice lawyer to have your best chance to overcome these difficulties and obtain a favorable case outcome. The legal team of Friedman & Simon, L.L.P. has the experience and dedication and is ready to help you. To find out more through a free initial consultation, call (516) 932-0400. We are able to assist clients in different languages including Spanish, Greek, Bengali, Tamil, and Kannada. We want to help you and we look forward to hearing from you.