Claims for medical malpractice come with challenges not often found in other types of personal injury lawsuits. This is because there are specific legal protections afforded to doctors that could shield them from liability in instances that involve patients being harmed through the course of their treatment.
Under New York state malpractice laws, it’s clear that doctors are not expected to be mistake-free throughout their entire careers. Honest errors do happen in medicine, and while these mistakes can cause major harm to patients, there is an understanding that some issues are simply not preventable.
Therefore, the only route plaintiffs have to finding success in their claims is to prove that a doctor did not meet the duty of care expected from healthcare professionals. You and your attorney can do so by researching the physician’s case notes and by working with other medical experts who can compare how the doctor proceeded with how a reasonably competent professional would have acted in the same scenario. It’s also important to understand that the vast majority of medical malpractice claims that result in the patient recovering damages are settled out of court.
Because of these challenges, it is extremely important for patients who have suffered from medical malpractice to have the legal representation of an experienced and knowledgeable attorney. This will help you determine what went wrong in your treatment and, if a lawsuit is viable, how much you should seek in damages from the healthcare professional who made the serious mistake.