Medical malpractice cases can be incredibly complex, often requiring extensive investigations, filings, litigation, and consultation before a case can be resolved. To that end, it is important that anyone who may be considering filing such a claim understands how liability in a Hudson Valley medical malpractice case works.
Doctors are licensed professionals who provide critical healthcare guidance and treatment. They are bound by professional ethics as well as statewide standards when they are delivering care.
A doctor may be held liable for a patient’s injuries in any instance where they depart from accepted medical standards and do not perform their job as a similarly situated doctor would under the same circumstances.
If you or a loved one suffered an injury because of medical malpractice, contact an experienced medical malpractice lawyer to begin reviewing your case.
Basics of Medical Malpractice Liability
Medical malpractice is a considered a form of negligence. In a typical negligence case, a plaintiff must prove that another person did not act as a reasonable person would in the same situation, and that they suffered an injury as a direct result.
In a similar vein, medical negligence requires plaintiffs to prove that a physician deviated or departed from accepted community standards of practice and that such deviation or departure was a proximate cause of the plaintiff’s injuries, as outlined in Gross v Friedman, 73 NY2d 721, 722-723 .
Generally speaking, medical malpractice cases share the overall same framework as a negligence case, in terms of requirements for proving a breach of a duty of care and proximate cause of an injury.
Examples of Medical Malpractice
Medical malpractice cases are highly fact-sensitive and dependent on the people involved. This is because what may be medically appropriate for one person might not be proper for another person.
However, a medical malpractice attorney may be able to help with some of the most common examples and instances of medical malpractice, including:
- Birth injuries
- Surgical errors
- Failure to diagnose
- Failure to treat
- Misread radiology reports
How Are Experts Used to Prove Liability in a Medical Malpractice Case?
The necessity of expert opinions in a medical malpractice case is a significant difference between general negligence actions and a medical malpractice lawsuit. In a general negligence case, there is no requirement that an injured plaintiff uses an expert to establish liability during the course of litigation.
However, CPLR §3012-a requires that a doctor evaluate a medical malpractice claim to determine if there is a reasonable basis for commencing an action for medical malpractice. This means that it is critical to use an expert during the course of litigation.
Who Might Be Held Liable for Medical Malpractice?
Many people believe that only a single doctor may be held liable in a Hudson Valley medical malpractice case. In most cases, however, a doctor is part of a team of healthcare professionals who all have a part in treating and caring for a patient.
It is important to explore who else may be involved in a medical malpractice lawsuit, because their actions may have caused or contributed to an injury. Potentially liable parties include surgeons, radiologists, physical therapists, nurses, and specialists.
In addition, sometimes the hospital itself may bear some liability in a Hudson Valley medical malpractice case, due to internal policies or some other administrative contribution to an injury.
How a Hudson Valley Medical Malpractice Attorney Could Help
If you believe you suffered an injury because of medical malpractice, contact a compassionate medical malpractice lawyer today to schedule a consultation.
Your attorney may discuss your case with you, review your medical history, and consult with experts to determine liability in a Hudson Valley medical malpractice case. A seasoned attorney may also help you recover compensation for your injuries.