What to Do if You’ve Been a Victim of Medical Malpractice in New York

How Do You Prove Medical Malpractice Legally?

Proving medical malpractice in the state of New York requires establishing several critical elements under the law. Several key aspects are necessary to prove your case.

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Establish That the Defendant Had a Duty of Care

Establish that there was a doctor-patient relationship, which creates a legal duty of care. This means the healthcare provider is obligated to provide the competent level of skill and care that any reasonably competent doctor would under similar circumstances.

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Prove Breach of Duty

Then we must show the court that the healthcare provider deviated from the standard of care that is accepted as appropriate by the medical community. This breach might involve acts of omission. In other words, failing to do something necessary. Or, commission – doing something improperly or incorrectly.

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Establishing the Cause of the Injury

Your lawyer will need to prove that the breach of duty directly caused the injury. This means showing that the injury would not have occurred if it weren't for the healthcare provider's substandard care. Causation can often be the most challenging element to prove and typically requires expert testimony.

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The Damages Caused by the Injury

Show that significant damages resulted from the injury caused by the breach of duty. This can include physical pain, mental anguish, additional medical bills, lost work and earning capacity, and other losses.

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Get Expert Testimony

In New York, like in many other jurisdictions, expert testimony is required to establish the standard of care and to show that the standard has been breached. The expert, must be a medical professional with knowledge of the relevant area of medicine. This professional will need to explain to the court how the defendant failed to meet the standard of care.

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Filing within the Statute of Limitations

In New York, medical malpractice claims must be filed within 2.5 years from the date of the alleged malpractice, or from the end of continuous treatment performed by the party you intend to sue.

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Gathering substantial evidence and expert opinions is essential. It is equally important to work with an attorney who has a focus on medical malpractice to navigate the complexities of such cases.

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What’s the Best Legal Outcome for a Victim of Medical Malpractice

According to the laws of New York, a victim of medical malpractice can expect several possible outcomes from a settlement or trial. We must understand that the ideal outcome depends on the specifics of the case. This includes the severity of the injury, the impact on the victim's life, and the strength of the evidence. Let’s take a look at the ideal outcome of a medical malpractice trial –

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Receiving Compensatory Damages

These are intended to compensate the victim for the losses they have suffered due to the malpractice. Compensatory damages can include –

Economic Damages – These cover quantifiable losses such as medical expenses (both past and future), lost wages, and loss of earning capacity.

Non-Economic Damages – These cover more subjective losses like pain and suffering, loss of enjoyment of life, and emotional distress.

Punitive Damages – Although less common in medical malpractice cases, punitive damages may be awarded if the defendant’s actions were particularly reckless or malicious. These damages are intended to punish the wrongdoer and deter similar conduct in the future.

Structured Settlements – Instead of a lump sum, the compensation may be structured to be paid out over a period of time. This can be beneficial for managing long-term medical care and financial needs.

Medical and Rehabilitation Costs – The settlement or award should ideally cover all past, present, and future medical and rehabilitation costs associated with the malpractice.

Corrective Treatment (if Necessary) – In some cases, the outcome may also include provisions for corrective medical treatment if possible and necessary.

Compensating Legal Fees and Costs – In many cases, the settlement will also include a provision that covers the plaintiff’s attorney fees and other legal costs incurred during the case.

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Additional Outcomes 

Confidentiality Agreements – In some settlements, the terms may include a confidentiality agreement, where the details of the settlement remain private.

Formal Apology – In some situations, the victim may also seek a formal apology from the medical provider or institution, though this is less common and not a legal remedy.

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It’s important to note that New York does not have a cap on either economic or non-economic damages in medical malpractice cases. This means that the potential compensation can be significant, depending on the injuries and their impact on the plaintiff's life.

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The ideal outcome will effectively compensate you for your injuries and losses. It will address your ongoing medical needs, and possibly provide a sense of justice and closure. 

Working with a knowledgeable and experienced attorney is crucial in achieving the best possible outcome.