Coughlin & Gerhart LLP

Building Relationships on Results

Proving medical malpractice could be challenging

On Behalf of | Feb 20, 2019 | Medical Malpractice

Anyone in New York who seeks medical care does so with the hope of resolving medical issues and regaining his or her health. However, this is often not the case, and those who leave the hospital in worse conditions than before receiving medical care might consider their legal options. Filing a medical malpractice lawsuit is indeed an option, but not one to tackle before weighing the pros and cons.

Health care professionals have certain standards to which they must adhere, or face potential lawsuits and accusations of negligence. A patient’s disappointment or dissatisfaction with provided medical care does not necessarily constitute malpractice. The patient must be able to prove that the care provider had a duty toward him or her and that such duty was breached. Also that the breach caused considerable harm with damaging consequences that would not have occurred if the care provider took due care.

Not all claims involve wrongdoing. In some cases, neglecting to take action in circumstances when something should have been done could be regarded as an omission or negligence. To justify a claim of considerable harm, the plaintiff must show that he or she endured hardship and suffering, constant pain, disability, and substantial income losses.

Navigating lawsuits are time-consuming, costly and stressful. For this reason, most people in New York who believe they were the victims of medical malpractice discuss the viability of potential claims with an experienced attorney before filing. If they do proceed with legal action, the support and guidance of a lawyer can be an invaluable asset as they pursue economic and emotional damage recovery.


FindLaw Network