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What constitutes medical malpractice in NY State

Harding Law Firm - Wednesday, May 13, 2015

What Constitutes Medical Malpractice in NY State?

—Get Advice from a Medical Malpractice Lawyer

An injury caused by a medical professional may result in a medical malpractice claim. However, it is important to understand what factors determine if you have a medical malpractice claim in the state of New York. If you are not sure whether you have a valid case, contact a personal injury attorney in the area for a case assessment.

What is Medical Malpractice?

Medical malpractice is negligence during treatment and care for a patient by a medical professional. That negligence resulting in substandard medical care may have caused an injury or in the worst case, even death. Those who can be held liable for these types of injuries include, but are not limited to:

  • Physicians
  • Nurses
  • Medical Assistants and Physicians Assistants
  • Care workers
  • Hospitals
  • Clinics
  • Doctors’ Offices
  • Nursing Homes

Key Steps in Proving Medical Malpractice

Just because a patient had an unsatisfactory experience with a medical professional does not automatically constitute malpractice. From a legal standpoint, you are required to prove that the standard of care was breached. To do that, a medical malpractice lawyer must show:

  • That the medical provider was negligent. This is done by comparing the actions of the medical professional to the actions others would have taken in similar situations. If the physician or medical professional failed to act within a reasonable standard of care, they may be held liable for any injuries or deaths that occurred.
  • The breach of care caused injury. A breach of care is not enough. You must also prove that the breach of care resulted in your injuries.
  • The injuries created damages or losses. Lastly, the injury you encountered caused damages (such as additional medical costs, lost wages, physical pain and emotional suffering).

If you suspect you have been a victim of medical negligence, speak with a personal injury attorney right away. There is limited time to file these types of cases in New York. According to malpractice laws, you have two-and-a-half years from the time of the injury to file, but the sooner you file your claim, the easier investigations may be.

To speak with a personal injury attorney, contact Charles Harding. You have rights, regardless if a physician, nurse or medical assistant caused you to suffer from injury during treatment. Call 518-384-3400 and book a free consultation today.