The vast majority of injuries or illnesses that result from instances of medical malpractice are the result of accidents. It is a very rare doctor, dentist, or nurse who intentionally causes harm to patients. Even so, the law states that people in specific situations who cause harm to others as a result of accidents are liable for the damage that they cause. Injured individuals in these situations can demand compensation in civil lawsuits that allege negligence.
Demonstrating negligence in Poughkeepsie medical malpractice cases means showing that a medical provider violated their standard of care. In almost every example, this means working with an expert witness who can evaluate the actions of fellow practitioners and provide their opinion as to how they amounted to negligence. Contact our office today to speak with a talented medical malpractice attorney for further guidance.
The Legal Concept of Negligence
Negligence is a common concept in civil law and personal injury lawsuits. Most demands for compensation following a personal injury will lean on this cause of action to hold at-fault parties responsible.
A party is considered negligent when their carelessness causes another to suffer harm. However, a negligence case is only appropriate when a defendant had a duty to care for the well-being of the injured. Establishing this duty under the law and connecting a defendant’s actions to an individual’s losses are the core concepts of proving negligence in Poughkeepsie medical malpractice claims. An experienced attorney could provide more information about the general concept and how it allows accident victims to seek compensation for their losses.
Negligence in Medical Malpractice
The practice of medicine is a complex undertaking. Even with the best levels of care, a positive outcome is never a guarantee. As a result, showing that a doctor, dentist, or nurse was negligent in causing an injury requires additional legal analysis. State law defines medical malpractice as an example of negligence where a provider did not act as a reasonably skilled peer would have in similar circumstances. In simpler terms, they did not provide proper care to a patient.
Proving this concept can be difficult. In fact, state law under New York Civil Practice Law & Rules § 3012-A requires people seeking compensation for a medical malpractice claim to include an affidavit from an expert. This document must state that after careful review of the details, there is a good reason to pursue the case.
An expert witness is vital for proving negligence in Poughkeepsie medical malpractice cases. It is crucial to work with an attorney with the experience and connections to easily hire an expert in their field.
Contact an Attorney to Learn More About Proving Negligence in Poughkeepsie Medical Malpractice Cases
Providing medical services to patients creates a duty to care for their welfare. Even so, just because medical care did not result in an optimal outcome does not mean that negligence or medical malpractice has occurred. It is only when a provider does not act with the appropriate skill that a healthcare negligence case will even be considered.
Proving negligence in Poughkeepsie medical malpractice cases is essential for people who have suffered injury and loss at the hands of a practitioner to seek out the compensation that they deserve. Contact our office today to schedule a consultation to learn more about how we can help.