How Do You Prove A New York Medical Malpractice Action?

Every day, someone gets sick or sustains an injury, which requires medical attention.  That person will go to a doctor or hospital to seek medical care.  However, when it comes to medical treatment, there are no guarantees that the medical treatment that a person receives will be successful.  With any medical care and/or treatment, there are disclosed side effects and complications that the patient may experience, or recovery from an illness or procedure may simply be difficult.  So if something went wrong with your medical procedure or medical treatment, how do you prove your case? The first step is to contact an experienced New York Medical Malpractice Attorney who will know what evidence you need to prove your claim. 

What is the Negligence Standard in a Medical Malpractice Case?

Like any other personal injury case, your medical malpractice claim will involve proving that your medical provider made a mistake on some level. However, medical malpractice claims are determined using a different standard of care than any other personal injury case. In a motor vehicle accident case, proving that the other driver was negligent often involves demonstrating that the other driver operated the vehicle in a manner that the ordinary prudent person would not have done (e.g. running a red light or driving while distracted).

In a medical malpractice case, whether or not the medical provider was negligent is determined by the medical standard of care of what a reasonably skilled and competent medical provider with a similar level of education within the same area would have provided to a patient under the same treatment circumstances in which the alleged malpractice occurred.  Determining the appropriate medical standard of care involves taking the following into account:

• The medical provider’s medical knowledge

• The skills of the medical provider as compared to the skills of an average medical provider in the same field

• How an average, reasonable medical provider would have provided the care to the patient

• What the traditional, accepted medical practices are

A New York Medical Malpractice Case Will Likely Require Expert Testimony

Establishing the relevant standard of care will likely be one of the most fundamental issues in your case. Unfortunately, only medical providers are qualified to determine what the standard of care would be in a particular case. Based on their experience, a New York medical malpractice attorney may be able to approximate what the standard of care would be. Ultimately, however, they will have to rely upon the opinion of an expert to establish if there was a deviation in the standard of care.   The expert that is relied upon by a New York medical malpractice attorney is typically an expert in the field of medicine that the medical provider specializes in.

In addition to determining the applicable standard of care, a medical expert will also be able to identify how your medical provider(s) failed to meet that standard of care and how that failure caused the harm to the patient. 

It is important to note that medical providers who serve as experts in medical malpractice cases understand the legal process and are experienced in testifying in court. In other words, you should not plan on having just any doctor serve as an expert in your case, even if that doctor was the one whose diagnosis led you to seek legal counsel. Your medical malpractice attorney likely has a network of medical providers who regularly provide expert testimony in medical malpractice claims. 

Other Evidence You Will Need

In order for your New York medical malpractice claim to be successful, you will need to prove that you were harmed as a result of your doctor’s negligence and as a result of the doctor’s negligence, you were caused to be harmed. This will require the following types of evidence: 

• Your medical records -  both those surrounding the treatment that resulted in malpractice as well as your records that demonstrate your health before and after your treatment. 

• Your medical bills – This includes bills for the medical treatment at issue as well as any bills for treatment arising from the malpractice if you were unable to work. 

• Documentation of your lost income – This includes your pay stubs, portions of your employment file and tax returns. 

• Documentation of your pain and suffering - This may be the most difficult part of your claim to prove, which could be significant. Evidence such as a log of how the malpractice affects your life on a daily basis, statements from friends or family, or photographs or videos documenting your condition could help. 

Gathering this evidence can feel overwhelming, especially when you are in poor health. A New York Medical Malpractice attorney will be able to gather the evidence you need so that you can focus on getting better. 

Contact The Law Office Of Dimitrios Kourouklis, Ph.D. To Speak With A New York Medical Malpractice Attorney Today

If you believe that you are the victim of medical malpractice, please contact our firm to discuss your case. The New York Medical Malpractice Attorneys at the Law Office of Dimitrios Kourouklis Ph.D. are dedicated to helping people who are the victims of medical malpractice. To schedule a free consultation with one of our New York Medical Malpractice attorneys, call the Law Office of Dimitrios Kourouklis today at (929) 400-7608. If you would prefer to reach us via email, you can email us at kourouklislaw@gmail.com or fill out our online contact form.