Coughlin & Gerhart LLP

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Medical malpractice claims must meet 4 elements to be valid

On Behalf of | Aug 19, 2019 | Medical Malpractice

What are the legal options for people who have suffered severe health damages as the result of the negligent conduct of medical professionals? Each year, thousands of people nationwide, including New York, pursue claims for financial relief to cover damages caused by medical malpractice. However, unfavorable outcomes do not necessarily constitute viable medical malpractice lawsuits, and the patient must prove four legal elements.

The first element is the obligated legal and professional duty of the medical care provider toward the patient. This duty includes providing the patient or his or her legal heir with information that identifies the disease or medical condition and obtaining acknowledgment by the patient. The doctor must also suggest the best way to treat the illness and only proceed upon receiving proof of consent by the patient. The patient will have to provide evidence of the breach of duty by the medical professional.

Such a breach could include a lack of attention and proper care in the medical treatment. The failure to support, assist and comfort the patient can lead to suffering and provide further proof of a breach of duty. Even misbehavior or unethical, unprofessional or aggressive conduct can count against a doctor or other medical caregivers. The third element to prove is that the resulting injury occurred during medical treatment due to negligence with surgical equipment or any other aspect of the care.

Lastly, proof of damages is required. This could include mental and physical damage, and when documenting monetary claims, evidence of financial damage must be provided to the court. Medical malpractice is an extremely complicated field of the law, and for that reason, most New York victims of such harm utilize the skills of a personal injury attorney who has extensive experience in fighting for the rights of medical malpractice victims.


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