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What Is Required To Win a Medical Malpractice Case

When you are injured, you depend on a medical professional’s experience and help to make you feel better. The last thing you expect is for the actions of that healthcare professional to make you more sick or injured. In every profession, there is room for error and mistake. However, even the smallest error or mistake in the medical profession could cost you your health or life.
New York medical malpractice attorney

Most states have enacted laws that allow patients who have sustained injuries because of a failure to diagnose, a failure to provide adequate care or because of an egregious error of a healthcare professional to file a medical malpractice claim to seek compensation.  

Which Medical Professionals Could Be Held Liable?

The first step in filing a medical malpractice claim is to understand who can be held liable. Just about any health care provider and their employer are required to provide a reasonable duty of care. The following is a short list of the parties that can be held liable for medical malpractice:

  • Hospitals
  • Doctors
  • Nurses
  • Physical therapists
  • Pharmacists
  • Chiropractors

It is good legal practice to file multiple claims against every responsible party to ensure that fair compensation is offered for all of the injuries you have suffered.

How To Hold Medical Professionals Liable

Once you understand who you can file a medical malpractice claim against, you need to understand what is required to win a medical malpractice lawsuit. In order to successfully prove your claim, your New York medical malpractice attorney must prove that:

  • You had a doctor-patient relationship with the medical professional
  • The standard of care that you received was outside the acceptable behavior for a reasonable health care provider given the circumstances.
  • The medical professional’s breach of the duty of care resulted in actual harm.
  • Legal Protection For Medical Malpractice

At Gersowitz Libo & Korek, P.C., our New York medical malpractice attorneys understand the ramifications of medical negligence on the patient and their family members. We are aggressive in getting our clients the full extent of the monetary compensation they are entitled to for the injuries they have suffered.

Call Us

If you or a loved one was injured due to the negligent actions of a healthcare professional and would like to consult with an experienced New York medical malpractice attorney, please immediately call Gersowitz Libo & Korek, P.C. at 1-800-529-9997.

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Jeff Korek
Jeff S. Korek
Senior Trial Partner
New York State Bar #2089290

Jeff S. Korek is a New York trial lawyer and Senior Trial Partner at Gersowitz Libo & Korek, P.C., where he has practiced since 1992. Over more than three decades of practice, Jeff has represented clients in complex personal injury and medical malpractice cases and has secured significant verdicts and settlements, including $10 million and $20 million recoveries in medical malpractice matters involving childbirth complications, as well as an $18 million settlement in Gardener v. City of New York.

Jeff has been recognized by The Best Lawyers in America since 2006 and has received multiple “Lawyer of the Year” honors, including for Personal Injury Litigation – Plaintiffs in New York City in 2016 and Medical Malpractice Law – Plaintiffs in New York City in 2020. He has also been repeatedly selected to Super Lawyers, including the Top 100: New York – Metro list. With decades of experience handling complex cases, a strategic approach to litigation, and a strong commitment to clients, Jeff Korek has built a distinguished practice in New York personal injury and medical malpractice law.