Jonathan C. Reiter, Attorney at Law
Jonathan C. Reiter, York City medical misconduct attorney, provides information on medical errors.
New York City, NY November 14, 2020 (GLOBE NEWSWIRE) – Jonathan C. Reiter, York City medical misconduct attorney, announces medical errors.
When a person has been injured as a result of a medical error caused by a hospital, doctor, or other healthcare professional, one of the first questions they often ask is, what exactly do I need to prove?
Understandably, many people are intimidated by the prospect of suing a doctor or hospital. It is an unfortunate fact that many patients who have been injured due to malpractice have been in pain for years or have been turned away by doctors trying to get help. It is common for patients to know something is wrong, but doctors brush them off or tell them that their pain is only in their heads.
The reality is that medical errors are the third leading cause of death in the United States. Medical errors are not uncommon. If you think you have been injured by a hospital, doctor, or other health care professional, it is in your best interest to speak to a skilled New York City medical misconduct attorney.
There are a few things you need to be able to demonstrate when you are thinking of pursuing a medical misconduct case.
1. The doctor-patient relationship
You need to be able to show that there was a doctor-patient relationship between you and your doctor at the time of the injury. This also applies to malpractice cases involving nurses, pharmacists, dentists, chiropractors, and other health professionals.
In general, this element of a malpractice case is straightforward and relatively easy to detect. You must be able to show that the doctor has agreed to care for you as a patient. In most malpractice cases, this element is easy to identify and not open to defense.
2. Deviation from the standard of care
Next, the plaintiff must be able to prove that the attending physician has deviated from the accepted standard of care. In particular, the standard of care received must be a departure from the type of care for another doctor who has the same training and works in the same specialty that would have been offered in similar circumstances.
Basically, the court wants to know how the care of your doctor compares to other doctors with the same training in the same region. To prove this, you need to get a testimonial from an expert who can testify with authority about your doctor’s care.
For example, if your medical misconduct case involves an orthopedic surgeon, you will need to hire another orthopedic surgeon to review the facts in your case and provide their expert opinion on the level of care your doctor receives. If your injury resulted in a failure by a cardiologist, your case has a better chance of success if you get an expert opinion from a cardiologist.
The professional should be able to indicate what types of treatment options are generally considered standard and what makes your doctor’s treatment such a departure from the norm.
This is a critical element in any malpractice case. In many cases, the defense can hire their own expert to conduct an analysis of your doctor’s standard of care. This is sometimes referred to as the “battle of the experts”.
3. Cause between your injury and the doctor’s mistake
You also need to be able to prove that your doctor’s mistake caused your injury. In other words, even if your doctor deviates from the accepted standard of care and your injury occurred for a different reason, you will not be able to make a successful medical malpractice claim.
In many cases, the defense tries to attack this element by proving that the patient’s injury was caused by a previous injury or an underlying medical condition. For example, for a medical malpractice involving a spinal injury, the defense might attempt to argue that the patient’s injuries were caused by normal wear and tear on the spinal column.
4. Injury to the patient
In order to establish a malpractice case, you must also be able to demonstrate that you suffered an injury as a result of a doctor’s mistake. This means that a doctor can deviate from the standard of care but cannot be held responsible for malpractice if the patient was not injured as a result.
The burden of proof in a malpractice case
Finally, in a medical malpractice case, the plaintiff must be able to demonstrate each element of the case by a preponderance of evidence. This means that the plaintiff must demonstrate that the facts of his case are “more than likely” true based on the evidence.
This is less of a burden of proof than other types of cases. For example, in criminal matters, the typical burden of proof is beyond doubt. However, this does not mean that malpractice cases are easy to win. They are quite challenging, which is why it is important to work with a knowledgeable medical misconduct attorney.
Jonathan C. Reiter law firm, PLLC https://www.jcreiterlaw.com/medical-malpractice-attorney-nyc/
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Jonathan C. Reiter, Attorney at Law