Medical Malpractice Cases

What Does it Take to Win a Medical Malpractice Case?

When you visit a doctor’s office or become a patient in a hospital, you expect to get better. It’s reasonable to believe that medical staff will give you the right medications and provide treatment that meets standard protocols.

But as many patients have found, exceptional care is not a given. In some cases, medical professionals make critical mistakes that cause permanent disability, injury or illness to patients.

Across the country, juries have recently awarded significant damages to victims of medical malpractice. In some cases, patients have won favorable settlements to compensate for medical bills, pain and suffering, and other harm due to medical mistakes.

Medical malpractice happens when a hospital or other type of health care institution, a doctor, or another medical professional fails to provide appropriate medical care and a patient is harmed as a result. Care is expected to comply with typical standards of the medical field.

If you’ve been injured due to the action or inaction of a medical professional, you may be entitled to compensation for your medical care and other expenses. You will need the help of a skilled New York medical malpractice attorney who will seek to establish a number of important elements to secure a jury award or settlement in your case:

Harm occurred
First, your attorney must demonstrate that you were under the care of a doctor and that the doctor failed to act according to accepted standards in advising, diagnosing or treating you. As a result, you suffered an illness or injury, or your medical condition was made worse.

Responsible Parties
Even if you were injured in a hospital, the hospital may not be legally at fault. Hospitals usually are liable for negligent actions of employees but not of independent contractors — which is the classification of many doctors.

Statute of Limitations
In New York, a medical malpractice lawsuit must be filed within two and a half years from the date of the alleged malpractice or from the completion of treatment by the defendant.

Appropriate Documentation
If you believe you’ve been injured due to medical malpractice, you’ll need copies of all your medical records. If medical malpractice resulted in the death of a loved one, an autopsy likely will be required to prove the cause of death.

Examples of medical malpractice include injuries during birth, either to a mother or to a baby; misdiagnosis or failure to diagnose a condition; medication errors such as prescribing the wrong drug for a condition; failing to properly monitor a medical condition; and failing to inform a patient of the risks of a medical procedure.

What to Do if You’ve Been Hurt by Medical Care

If you’ve suffered an injury, illness or disability due to negligent medical care, it’s important to work with a qualified medical malpractice attorney. Malpractice cases can be extremely complex and costly; an experienced attorney can provide valuable guidance through every step of your case.

Medical malpractice cases can take years to litigate or come to a settlement. In the meantime, you should not give up. By working with an attorney who is knowledgeable in New York medical malpractice law, you gain the best chance of recovering the compensation you deserve.