If you suffered harm at the hands of a medical professional, it is possible for you to pursue a civil claim. However, the outcome of these civil claims usually depends on proving a physician’s liability. Though proving liability in a Schenectady medical malpractice case may seem complicated, an attorney could provide a detailed case evaluation and potentially highlight different actions that could lead to a successful claim. Contact a meticulous medical malpractice lawyer and schedule an appointment to review your potential legal options.

The Burden of Proof and Liability in Medical Malpractice Cases

In medical malpractice cases in Schenectady, plaintiffs bear the burden of demonstrating a medical professional’s liability in order to successfully recover damages. Generally, this involves a plaintiff proving all of the following criteria:

  • A doctor-patient relationship existed between both involved parties
  • The defendant owed a duty of care to the plaintiff
  • The defendant did not adhere to this reasonable standard of care, thus breaching their duty to the plaintiff
  • The breach directly resulted in injury to the plaintiff
  • The plaintiff suffered financial, emotional, or physical damages

An attorney may use several different methods to prove liability in a Schenectady medical malpractice case. Evidence such as depositions and testimony, past and present medical records, medical bills, and plaintiff pay stubs may be used to help support a plaintiff’s claims.

Plaintiff Liability

It is possible that multiple parties could bear liability in a medical malpractice case, including doctors, nurses, pharmacists, and hospitals. In some cases, even plaintiffs themselves could be partially at fault.

Fortunately, plaintiffs who are partly liable for their own damages are not barred from recovery in Schenectady medical malpractice cases. As per New York Civil Practice Law & Rules §1411, New York follows pure comparative fault rules when it comes to plaintiff liability. This means that even if a plaintiff bears 99 percent liability for their injuries, they could still seek compensation for the remaining one percent. In most cases of plaintiff liability, the court decreases the final compensation award by the percentage of fault assigned to the plaintiff.

Schenectady Statute of Limitations

Proving negligence occurred and that a medical care provider is liable usually relies on presenting clear evidence. For this reason, it is usually extremely important to a malpractice case’s success that as evidence is preserved as soon as possible. The court understands this need and sets forth a two year and six-month time frame for filing in New York Civil Practice Law & Rules §214-A.

This statute of limitations exists to ensure any legal claims are based on reliable and current sources of information. From an attorney’s standpoint, conducting an investigation relatively soon after an injury helps make sure evidence is not lost or destroyed and that cases are filed within the specified deadline.

Get Help Determining Liability in a Medical Malpractice Case in Schenectady

Potential plaintiffs may worry about proving liability in a Schenectady medical malpractice case, especially if there are multiple parties involved and unclear medical standards of care to review. In some cases, this fear may prevent individuals from seeking legal action at all.

However, a skilled medical malpractice lawyer may be able to help people seek legal remedies for their injuries by researching medical standards and determining potentially liable parties. To determine who may be liable in your medical malpractice case, how negligence could have impacted your injury, and what steps to take next, reach out to an established attorney and schedule a free consultation today.