There are two main components to most medical malpractice cases: determining who was at fault and then proving that fault legally.
First, New York medical malpractice law not only applies to doctors and nurses but also to hospitals, anesthesiologists, and other individuals and institutions that provide health care services. If you sustained injuries while receiving medical care, an attorney may help you to determine who is responsible. Determining liability in a New York medical malpractice case is often a difficult task. Therefore, it’s advisable for injured patients to seek advice from an attorney to identify potential defendants.
Second, once potential defendants were identified, their liability must be established under medical malpractice legal theories. Most medical malpractice cases contend that a medical professional was negligent in treating a patient. To prove negligence, you must demonstrate that the defendant’s conduct fell beneath the standard of care expected in the medical field, which means medical experts qualified in the same field of medicine as the defendant will have to provide testimonies explaining the standard of care expected within that profession. In addition to providing an expert testimony, the plaintiff must also demonstrate that the defendant failed to meet this level of care. An attorney will guide you in finding qualified experts who can help with your claim.
Third, settlements and verdicts aren’t calculated out of thin air; an attorney can help you to determine whether you are eligible for damages, and if so, the amount of compensation to which you are entitled.
Finally, Medical malpractice claims are subject to statute of limitations, and you have a limited window to file a medical malpractice claim.