Understanding Medical Malpractice
When a person receives medical treatment from a doctor or hospital and then suffers an injury afterward, it can be challenging for a non-medically trained person to determine if the treatment was negligent or constituted medical malpractice.
Legal Requirements Before Filing a Medical Malpractice Lawsuit
In New York, before filing a lawsuit for medical malpractice, an attorney must certify to the Court that they have consulted with a medical professional about the case. The medical professional must provide an opinion that there is a viable claim for malpractice.
Even medical malpractice attorneys are not the final authority on whether a valid claim exists.
Key Elements of a Medical Malpractice Claim
To have a successful medical malpractice claim, you must demonstrate the following:
- There was a doctor/patient relationship.
- The medical care and treatment received were below the standard of care in that field.
- You were injured.
- The injuries sustained were a direct result of the medical malpractice committed by the doctors or hospital being sued.
What Is the Standard of Care?
The standard of care refers to the medical care and treatment expected from a reasonably careful and competent doctor or hospital in the same area.
For example, in New York City, the standard of care is based on what would be expected from a doctor or hospital in that location. It does not mean care provided by the best doctor in the world or a specialist with access to cutting-edge treatments.
Role of Medical Experts in Malpractice Cases
The expert consulted by the medical malpractice attorney serves as the guide for determining the standard of care. This expert is typically a physician with knowledge, training, and experience in the same field of medicine as the doctor or hospital being sued.
Since the standard of care is rarely outlined in a guidebook or official documentation, selecting the right expert with relevant expertise is crucial.
Proving Injuries Were Caused by Malpractice
An essential component of a malpractice claim is proving that the client’s injuries were caused by substandard care. Simply suffering an injury after medical treatment or experiencing a procedure that doesn’t resolve a condition does not necessarily indicate malpractice.
The Complexity of Medicine and Malpractice
Medical outcomes can vary due to the uniqueness of each individual’s body and response to treatment. To establish a successful malpractice claim, an attorney must show that the injuries directly resulted from substandard care and that the injuries would not have occurred, or would have been less severe, if proper care had been given.
Connecting the Dots: Injury and Malpractice
The connection between injury and malpractice is made by thoroughly reviewing medical records and obtaining an expert opinion confirming that the injuries were caused by malpractice. Without this expert opinion, a competent defense attorney can defeat a malpractice lawsuit.
Evaluating a Potential Medical Malpractice Case
To determine if there is a valid medical malpractice case:
- Obtain and review all relevant medical records.
- Collect a complete history of the injured person’s medical treatment.
- Evaluate the person’s injuries in detail.
Once all the necessary information is gathered, the medical expert is consulted. If the expert provides a positive opinion linking malpractice to the injury, an attorney can proceed with filing a lawsuit and building the case.
Consultation and Next Steps
Often, whether there is sufficient evidence for a case cannot be determined during an initial consultation with an attorney. If you believe you have a claim for medical malpractice or have questions about evaluating your case, please contact us.