You might think you have the greatest case in the world but if you are unable to prove that there was wrongdoing, you'll never achieve a successful result.
What exactly are you required to prove in New York?
The legal terminology is that you must prove that there was a departure from good and accepted medical care. What does that mean?
You must show that the doctor deviated from what is acceptable care and treatment from other similar doctors in the community in which he or she practices.
More importantly, how do you prove there is liability, also known as a departure from good and accepted care?
It is not sufficient for you simply to get on the witness stand and explain to a jury what you think was done wrong. In fact, the law in New York requires that you bring in a medical expert to testify about what occurred and what actually was done wrong that caused you injury. Of course, the defense has an opportunity to cross-examine the expert witness to explore the testimony further.
At the end of your trial, a jury will have to decide these questions:
Did the defendant doctor depart from good and accepted medical care? In other words, was the defendant negligent?
Was the defendant's negligence a substantial factor in causing injury?
How much compensation do you award to the plaintiff? (There are subcategories of what types of compensation are available)
If the jury determines but the doctor did not deviate from good medical practice, they never get to answer the other questions and you will have lost your case without receiving any compensation.
If you have more questions about how medical malpractice lawsuits like these work in NY, I encourage you to pick up the phone and call. I answer questions like these every single day. You can reach me at 516-487-8207 or by e-mail, lawmed10@yahoo.com. I welcome your call.
