The number of wrongful death lawsuits filed in New York and other states each year is reported to be significantly less than the number of medical errors that occur. Estimated numbers of deaths nationwide due to medical negligence or errors exceed 250,000, but the number of lawsuits claiming medical malpractice does not come near that amount. This might be because many victims of medical errors are unsure about the viability of their claims.
For a medical malpractice claim to be actionable, it must meet specific criteria to warrant compensation. The first aspect to show is that the medical practitioner or establishment had a duty to provide care of an acceptable standard. This includes the duty to refer a patient to another specialist if the condition falls outside of the doctor’s field of expertise. The next requirement is to prove deviation from the duty to uphold the accepted standard.
Next, there must be sufficient proof of damages caused by the deviation from the duty of care. The evidence could include medical records, prescriptions and medical bills for medical care provided by other health care providers in the same medical field. As a final step, evidence must be provided to show that the injuries resulted directly from the deviation from the required standard of care.
One example of an actionable case involves a $50 million award to a mother who proved that, despite her complaints and an ultrasound that showed six hours of no movement by the unborn baby during labor. Anyone in New York who believes he or she was a victim of medical negligence can consult with an experienced medical malpractice attorney. The lawyer can assess the viability of the case and do what is necessary to establish the evidence required by the court.