"Almost" Doesn't Count

I often get calls from potential clients telling me that because of some doctor's wrongdoing they "almost" died.

Luckily for them, "almost" doesn't count.

Some callers say they almost suffered permanent harm from carelessness of a doctor or nurse. Again, "almost" doesn't count.

When I explain to these callers that "almost" doesn't count, they get angry. They can sometimes get defensive. "What do you mean 'almost' doesn't count? Are you telling me that if I had died, I'd have a case?" The answer sometimes is "Yes."

In New York, an attorney must be able to prove that a doctor or hospital was careless. The legal terminology is that the doctor departed from good and accepted medical care.

We must then be able to prove that the doctor's carelessness was "a" cause of your injury. Legally, this is known as 'causation'. I say "a cause" because we are not required to prove that the wrongdoing was the "only cause." This is especially true when there may be multiple explanations for what occurred.

The last point we must be able to prove is that you suffered significant and/or permanent injury as a result of the wrongdoing. A temporary bruise doesn't count. Almost dying doesn't count.

Often I will ask a caller to answer the following important question:
"What do you think was done wrong that caused you permanent harm?"

This question contains each of the three elements needed to establish a valid case in New York. If any part of the answer includes "almost," remember that "almost" doesn't count.