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If you have been the victim of a negligent doctor or healthcare provider in New York, you do not need to simply accept your suffering. There are legal options available to those who have been harmed by healthcare providers, and you are fully entitled to compensation if you have had to deal with this terrible situation. You may be unsure about your chances of actually winning your case, however. After all, big pharmaceutical and healthcare companies are some of the most powerful and wealthy entities on the planet. These organizations are capable of diverting extraordinary resources in order to defend themselves against medical malpractice lawsuits.
With all that being said, you should not give up on your aim to receive compensation for medical-related injuries. With the right attorney by your side, you can hold these organizations accountable. You do have a strong chance of winning a medical malpractice lawsuit with the right approach, and there are numerous examples of people winning millions of dollars in awards in the state of New York.
What Do I Need to Prove in a Medical Malpractice Case?
If you are pursuing a medical malpractice case in New York, you need to prove a number of things. These are known as the “Four Ds of Medical Malpractice.”
Duty of Care: Medical professionals have a duty of care to their patients. This means that they must always act in their patients’ best interest.
Deviation From Standard Medical Care: Medical professionals must always adhere to treatments and procedures that are universally recognized and accepted within the medical community. If a doctor attempts something different (like an experimental new approach), they have deviated from standard medical care.
Direct Causation Between Negligence and Harm: If you want your lawsuit to be successful, you also need to show that your medical provider’s actions and negligence directly contributed to your injuries. Note that inaction can constitute direct causation.
Damages: This one is pretty self-explanatory. For a medical malpractice lawsuit to be successful, you need to have suffered some form of harm. This can be in the form of economic, physical, or emotional damages.
It is Now Easier to Win a Medical Malpractice Lawsuit in New York
In November of 2020, the Second Department of the Appellate Division, New York State Supreme Court made it even easier for plaintiffs to win a medical malpractice lawsuit. In Martin v Timmins, 2019 NY Slip Op 07391 (2d Dep’t 2019), the court ruled that the testimony of a surgeon was inadmissible. Previously, New York courts frequently allowed physicians to testify as to custom and practice.
“Custom and practice” basically means something that has become the unofficial “norm.” These may be unwritten rules or aspects of customary culture within the medical community. According to this new precedent, testimony from physicians is inadmissible when it involves procedures that vary from patient to patient. For this testimony to be admissible, it needs to have “unvarying uniformity.” Ultimately, this decision plays into the hands of plaintiffs who are seeking compensation from medical malpractice lawsuits.
Get Help Today
If you need quality legal assistance in the wake of medical malpractice, reach out to The Glassman Law Group today. We will help you pursue compensation for your injuries.
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