Attorney Advertising
Chiariello & Chiariello - Attorneys at Law
Chiariello & Chiariello
View Our Practice Areas

How is negligence established in medical malpractice cases?

As knowledgeable as they are, as experienced as they are and as compassionate as they are, medical professionals are human after all and are subjected to the same pressures as everyone else. Stress, lack of sleep or distractions may cause them to make mistakes, only a doctor's error could result in either seriously injuring or killing someone.

Ignoring standard procedures could be one cause of medical negligence. In fact, a medical malpractice claim proceeds under the assumption that negligence has taken place. New York residents who pursue such claims have to establish negligence by proving a number of elements.

First of all, an injured plaintiff must prove that the medical professional owed a duty of care to the patient. This could be in the form of a doctor/patient relationship. Secondly, the applicable standard of care needs to be shown, as well as the medical professional in question's departure from that standard. This would show that the duty of care that was owed to the patient was breached. Thirdly, the causal link between the departure from the standard and the injury that was suffered should be shown, along with the injury suffered by the plaintiff.

This generally requires showing that the medical treatment fell below a certain accepted standard, and involves medical experts testifying to what that standard is and how it should have been met. Therefore, not only the standard has to be proven, but also that the care provided did not meet that standard. A medical malpractice suit revolves around demonstrating this negligence, so having an experienced attorney go through the legalities might be beneficial for injured plaintiffs.

No Comments

Leave a comment
Comment Information
Call 888-692-1540 for a
free initial consultation

Glen Cove Office


Chiariello & Chiariello
147 Glen Street
Glen Cove, NY 11542

Telephone: 888-692-1540
Fax: 516-801-8099
Email | Glen Cove Law Office Map

Forest Hills Office

by appointment only
Chiariello & Chiariello
118-21 Queens Boulevard, Suite 609
Forest Hills, NY 11375

Phone: 888-692-1540
Email | Forest Hills Law Office Map