What Do You Need to Prove When Filing a Medical Malpractice Claim?
Medical malpractice occurs when a medical professional fails to provide a quality of care that results in a patient’s injury or death. It is a common and challenging issue encountered in the healthcare industry.
Knowing what is essential to prove a medical malpractice claim can help you assess your situation and decide whether to pursue a case. Our team at Leitner Varughese PLLC can evaluate the facts of your case and determine if you have a valid case. Our New York medical malpractice lawyers can help you gather the necessary evidence to prove the elements of your case and pursue the compensation you deserve.
Elements of a Medical Malpractice Claim
If you are considering filing a medical malpractice claim, you must make sure that you can prove the following elements for a successful outcome:
A Doctor-Patient Relationship
The first and most crucial element in a medical malpractice claim is the existence of a doctor-patient relationship. This relationship typically occurs when a doctor agrees to treat a patient and assumes responsibility for the patient’s care.
You must demonstrate that the doctor-patient relationship existed before any malpractice occurred. If the healthcare professional was not responsible for providing care to you, it may not be possible to demonstrate malpractice.
Negligence by the Medical Professional
The second element involves proving that the medical professional was negligent in their duty of care. Negligence occurs when a healthcare professional fails to provide adequate care or adheres to the accepted standard of care.
To prove that malpractice occurred, it is necessary to establish that the medical professional made an error or acted in a way that was not in line with the industry’s standards. This negligence must be a significant factor in the harm you suffered.
The third element to prove in a medical malpractice case is that the patient suffered injuries or harm from the healthcare provider’s negligence. This injury can be in the form of physical, emotional, or financial harm.
To prove that the medical practice caused harm, you must demonstrate that the injury would not have occurred if the healthcare professional had provided the appropriate level of care.
The final element is to prove damages. Proving damage involves establishing that you have suffered financially and emotionally as a result of malpractice. Medical malpractice damages can include lost wages, medical bills, pain and suffering, and other related personal and monetary losses.
The burden of proving the extent of the damage caused by the healthcare provider’s negligence is on the patient. The extent of the damage helps the court determine the amount of compensation the patient deserves. Under New York’s statute of limitations, victims of medical malpractice typically have 2.5 years (30 months) to file a lawsuit and recover damages (N.Y. CPLR § 214).
How a Medical Malpractice Lawyer Can Help
Proving a medical malpractice claim can be a complicated process that requires evidence and legal representation. To ensure that your case has the best chance of success, you might want to engage the services of an experienced lawyer. A medical malpractice lawyer understands the intricacies of the law on medical malpractice, and they can provide guidance on how to build and present a robust and convincing case.
Get Legal Guidance
With the right legal guidance, it is possible to hold negligent medical professionals accountable. Our lawyers at Leitner Varughese PLLC can help you establish the above-mentioned elements to ensure that your medical malpractice claim is successful. Reach out to our office for a free consultation. Call 212-671-1110.