Medical malpractice occurs when the actions of a medical professional do not live up to the standard of care required for medical personnel. Negligence is the leading factor to this sort of personal injury and no patient should have to worry that their doctor will cause them undue harm during treatment. If you believe you have suffered serious injury from the negligence of a medical professional you should contact a New York personal injury lawyer to review your potential medical malpractice case.
What do I need to file a medical malpractice case?
There are 3 major considerations when you feel you are the victim of medical malpractice: proof of negligence, damages incurred, and causation. Without these 3 elements, chances are you do not have enough evidence or need to justify a medical malpractice case. A New York personal injury lawyer can review your situation and help you decide if you are eligible to file a claim.
Proving Negligence in a Medical Malpractice Case
Your doctor, nurse, or any other medical professional owes you a standard of care when you elect to see them for diagnosis or treatment of a medical condition. You have reason to believe that they will provide quality treatment and follow any safety standards or protocols required. When they fail to live up to this duty, you may be able to claim negligent care. When filing a medical malpractice case you need to be able to show that you suffered further injury or complications of your condition as a result of the medical professional’s negligence.
Medical records detailing your condition before and after the incident will be critical evidence in your medical malpractice case. Your New York personal injury lawyer can help you gather the proper medical evidence for your case. You will also need to show that if a reasonable doctor was faced with a patient in a similar situation as yours that they would have made different decisions that would not have resulted in your unfair outcome. This would determine if negligence did in fact take place. By obtaining a review of your medical malpractice case by another trusted medical professional, you can develop evidence of your doctor’s negligence.