Establishing Wrongdoing: Proving Medical Malpractice


Medical malpractice cases can be very complicated.  Every case is different and not even the best strategy can guarantee a win at court.  This is why it is important to contact an experienced Kingston, New York medical malpractice attorney to evaluate and prepare your case.

Patients who have been injured due to a doctor’s failure to provide a standard level of medical care, may be able to hold the doctor or facility responsible accountable by commencing a lawsuit.  In medical malpractice cases, the plaintiff has the burden proving that the defendant is guilty of the malpractice.  Proving that the defendant is at fault in these cases can be complex and potentially very difficult.  However, if the plaintiff has hired an experienced attorney, their chances of success increase.

The plaintiff must prove that the proper level of care was not provided by the doctor or medical facility.  The “standard of care” must be defined in this situation and then the plaintiff must show how the defendant did not comply with that standard.  Standard of care is the level of care a reasonable medical professional would have taken in an identical or similar situation, given the accepted medical standards at the time of treatment.

In order to prove that the defendant provided care that was substandard, the plaintiff will often need the testimony of a medical professional qualified as an expert witness.  Expert witness’ need to describe the level of care that should have been administered and to show that the actions made by the defendant resulted in the standard not being met.  Thorough investigation is needed to uncover evidence, such as medical records, to show what happened during treatment.

It must also be proven that the plaintiff experienced quantifiable injuries.  It may be necessary for a medical professional, economist, or other expert witness to testify as to the extent of the harm the patient suffered and could suffer in the future due to the substandard care received.  This may include additional medical care that the patient would not have otherwise needed had the procedure been performed correctly or if a medical condition been diagnosed accurately.  Lost earnings due to the patient being unable to work, diminished quality of life because of injuries the  patient sustained, psychological harm, and other physical, financial, or emotional damages may also be included.

If the injured person is to hold the medical professional or healthcare facility responsible for their negligence or improper care, all these things must be proven.  Contact an experienced Kingston, New York medical malpractice attorney as soon as possible to evaluate your case.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at