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Not all adverse medical outcomes constitute medical malpractice

Anybody in New York whose medical condition does not improve -- or worsens -- after treatment by medical professionals might have questions about his or her legal rights. However, medical malpractice is a complicated field of the law, and negligence does not cause all adverse outcomes. Medical malpractice happens when a doctor or medical facility is negligent in a way that causes harm to a patient.

If a complicated surgical procedure does not have the expected outcome, it would not necessarily constitute malpractice. There must be proof of negligence in diagnosis, medication errors or another act of negligence in which the medical professional or another defendant failed in his or her duty of care. However, before such failure can be proved, it must be shown that the defendant had a duty of care for the patient.

A medical malpractice lawsuit also requires proof that the negligence caused harm to the plaintiff, and that this led to damages. When medical treatments or surgical procedures do not result in the plaintiff's expected outcome but caused no harm or damages, there will not be a viable legal claim to pursue. There is a lot of evidence to gather before a lawsuit can be filed.

Medical malpractice is a complex and time-consuming field of the law. Therefore, it would be sensible to discuss the matter with a New York attorney with experience in navigating lawsuits of this kind. If there is a viable claim, legal counsel's support and guidance can simplify the ensuing legal proceedings. Having a lawyer's advocacy will also improve the client's chances of receiving maximum damage recovery.

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