What Constitutes Medical Malpractice in the State of New York?

Medical malpractice occurs when a medical professional or healthcare facility fails to provide the standard of care you could reasonably expect. If you’ve suffered as a result, a medical malpractice attorney could help you claim compensation. In this guide, we examine what constitutes medical malpractice in Glen Cove, NY, and what limitations apply.

Defining Medical Malpractice

Not every medical procedure or treatment goes as planned, and it’s not always due to negligence. There is an inherent risk in medical treatment, and sometimes complications occur without any individual or facility being liable. This is what makes medical malpractice claims so complex. In New York, to file a medical malpractice claim, the following criteria must all be met:

A Duty of Care

You must be able to demonstrate that the medical professional was treating you as a patient. This is known as establishing a duty of care. In the vast majority of cases, this is easy to prove. Documents such as medical bills or medical records should contain all the information you need.

Negligence 

Suffering harm is not usually sufficient to establish that a medical professional has been negligent. You must be able to demonstrate that they did not provide a similar standard of care to what you would have received from any other medical professional with similar qualifications and experience. The comparison must be drawn with other professionals within the same geographic region.

This is often the most challenging part of the claim, especially when multiple medical professionals have been involved in your care. Your lawyer can arrange for an independent medical professional to review your records and determine whether there is evidence of malpractice. Negligence can take many forms and may include:

• Failure to treat
• Misdiagnosis
• Delayed diagnosis
• Surgical error
• Lack of informed consent
• Hospital-acquired infections
• Medication errors
• Rough or cruel handling
• Unreasonably withholding treatment

Direct Harm

You must establish that you suffered harm as a result of the negligence. If the negligence was swiftly identified, and you did not suffer any harm, a medical malpractice claim may fail. Any injuries or harm you suffered must be directly caused by the negligence and not incidental. This can include pre-existing injuries or illnesses that worsened due to the negligence.

A combination of your medical records, evidence of your injury, and expert witness statements from independent medical professionals can help to prove you suffered direct harm.

Losses

You must demonstrate damages resulted from negligence. This can include both economic and non-economic damages, such as pain and suffering. In addition to medical bills and related expenses, you can also claim loss of earnings and loss of future earning capacity.

Seek Advice From a Medical Malpractice Attorney

There can be many challenges in proving a case of medical malpractice, and it’s vital to obtain evidence from the right witnesses. A skilled medical malpractice lawyer is essential to guide you through the process and help you file a lawsuit.

We have helped many clients secure compensation for various types of professional negligence, including medical malpractice. Contact our team at Chiariello & Chiariello in Glen Cove, NY for a free initial consultation. We proudly serve Queens, Long Island, and the surrounding areas of New York.

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