When a hospital, doctor, or other medical professional acts negligently or omits an act of care that causes injury to a patient under their care, medical malpractice may have occurred. Medical malpractice can include an error in diagnosis, treatment, follow-up care, or managing a health condition.
If you believe you are a victim of medical malpractice, consulting with a skilled medical malpractice lawyer should be your first step. Liability is an important factor to determine in these cases, and your attorney could discuss with you how best to go about proving liability in a Poughkeepsie medical malpractice case.
Liability Through Negligence
The main type of legal theory used to establish liability is that of negligence. A medical professional is negligent in a civil sense when they have a duty to the patient, deviate from the accepted standard of care and therefore breach their duty, and through that breach cause injury to their patient.
Medical professionals can also be found negligent in prescribing medications or medical devices. If the professional ignored instructions from the manufacturer or prescribed the wrong drug or the wrong dose for a particular patient, they may have committed medical malpractice. Additionally, failure to obtain informed consent prior to the administration of a treatment or procedure is also a form of medical negligence.
Use of Medical Experts
In order to show that a healthcare professional was negligent in their actions and thereby assign liability to them, the plaintiff must prove that they conducted themselves in a manner that was below the generally accepted standard of care. In Poughkeepsie, attorneys must review a medical malpractice case with at least one medical expert who can help demonstrate how the standard was deviated from, according to New York Civil Practice Law & Rules §3012-A.
The medical expert must be a qualified professional in the same area of medicine as the defendant. In order to prove liability in a medical malpractice case in Poughkeepsie, this expert testimony must establish the standard of care in the profession and reveal how the defendant did not meet the required standard of care.
Some medical malpractice cases are not clear-cut when it comes to liability, and a jury may find more than one party liable. In some instances, even the plaintiff may have liability in a Poughkeepsie medical malpractice case. Under New York Civil Practice Law & Rules §4011-A, a jury may determine that the plaintiff is partially to blame for their own injuries and assign them a percentage of fault. This percentage would then be deducted from their compensation if they win their claim. Therefore, it is essential for a plaintiff to have the help of a legal professional with the process of a medical malpractice case.
How a Poughkeepsie Medical Malpractice Attorney Could Help
There is a lot to know about liability in a Poughkeepsie medical malpractice case. These issues are usually quite complex, and plaintiffs should not have to worry about them during a time of such physical, mental, and emotional stress.
That is where legal counsel could be of significant help. Qualified and experienced medical malpractice lawyers could handle liability issues in your case. Call today to discuss your medical malpractice case with a knowledgeable attorney.