Reportedly, up to 19,000 doctors are accused of negligent medical care in lawsuits nationwide every year. Many of those medical malpractice claims involve New York doctors. Although the medical malpractice laws enable patients to recover losses and damages resulting from medical care, professional medical care providers are not responsible for all harm suffered by patients.
For a viable claim, there must be proof of substandard care. This could include neglecting to provide proper treatment, the failure to take the necessary action, or providing substandard care that caused injury or death to the patient. It could involve missed, late or incorrect diagnosis, medication dosages, treatment, health management, aftercare or another medical error.
However, navigating medical malpractice lawsuits is much more complicated than that, because it must first be established that the care provider owed the patient a duty of care and that the duty was breached. Then it must be shown that the breach caused an injury, and that this led to financial, emotional or physical damages. In most cases, both sides use expert witnesses to advocate for them.
Medical malpractice is a complicated field of the law, and lawsuits in New York are typically left in the hands of experienced attorneys. After determining that there are grounds to pursue a claim, a lawyer will work toward a monetary judgment to cover compensatory damages. These could include past and future lost income and earning capacity, medical and life care expenses and other financial losses. Furthermore, noneconomic damages brought about by the injury can be claimed. These could include physical and psychological pain and suffering along with emotional distress.