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.

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.