Medical negligence and medical errors result in thousands of injuries each year in the United States. We trust doctors, nurses, and healthcare facilities to provide services that meet or exceed the acceptable standard of care. However, when a medical provider’s service falls below the standard of care, that provider may be guilty of medical malpractice. Proving malpractice can be challenging and requires the assistance of a medical expert and an experienced New York medical malpractice attorney.
Hiring a Medical Expert for Your Medical Malpractice Claim
Before you can file a medical malpractice lawsuit in New York, a medical expert must review your medical records to determine if there is a reasonable belief that malpractice may have occurred. Except in a few cases, a Certificate of Merit must be attached to the lawsuit stating that the attorney believes, after consulting with the medical expert, that there is a reasonable basis for the lawsuit.
Choosing a medical expert is an important element of your medical malpractice claim. Most medical malpractice claims weigh heavily on the testimony of expert witnesses. Your expert provides the information the jury uses to determine whether your medical provider’s negligence or error rose to the level of malpractice. An experienced medical malpractice attorney understands the importance of having an expert in a New York medical malpractice case. Attorneys who routinely handle medical negligence and medical error cases have developed a network of resources and medical experts they can call upon when they need assistance with a new malpractice claim.
Why Are Medical Experts Necessary?
Health care providers owe a duty of care to their patients. When a provider breaches the duty of care, that provider may be held liable under the state’s medical malpractice laws. However, all cases of negligence or error do not rise to the level of malpractice. To prove malpractice, you must prove that the medical provider’s actions did not meet the medical standard of care in your case and that the failure to meet the medical standard of care resulted in injuries and damages. A medical expert is necessary during this phase of the case.
The medical standard of care is not the same in every situation. The standard of care depends on the facts and circumstances in the case. A medical expert reviews the case to determine what a reasonably skilled medical provider in the same area of practice would have done given the same or similar circumstances. This evaluation becomes your allegation of the medical standard of care that should have applied in your case.
The medical expert then analyzes your doctor’s actions to determine how they deviated from the medical standard of care and whether that deviation caused your injury. The deviation must have caused you harm. The expert for the defense may argue that you would have sustained the same harm regardless of the doctor’s actions and therefore the doctor cannot be guilty of malpractice. Your case may come down to the dueling arguments of experts and which experts the jury believes.
Working with an Experienced New York Medical Malpractice Attorney Is One of the Best Steps You Can Take
Working with individuals who are familiar with medical malpractice claims is one way to improve your chances of winning your case. Contact an experienced New York medical malpractice attorney to discuss your legal options for holding a negligent doctor or another medical provider liable for medical mistakes that caused your injury.
Posted in: Medical Malpractice