What is Medical Malpractice?
It is important to note that a lawsuit cannot be filed merely because a patient was not satisfied with the medical treatment he or she received. Similarly, not all acts of medical negligence lead to injuries, which means that there is no basis for a claim. In short, medical malpractice occurs when the negligence of a doctor, hospital, or other medical professional causes injury to a patient, makes the condition worse, causes unreasonable or unexpected complications, or necessitates additional treatment.
In order to have a valid claim, it is necessary to show that the doctor or healthcare professional failed to provide the appropriate standard of care and, as a result, caused the patient harm. This is the type of care that a reasonably prudent physician would have provided under the same circumstances.
A valid claim also requires showing that the doctor’s negligence or incompetence directly caused the injury. Additionally, the injury must have led to specific damages. This means that the patient must show that the injury that was caused by the defendant’s negligence resulted in damages such as physical pain, disability, loss of income, mental anguish, past and future medical expenses, future suffering, and hardship, that would otherwise not have occurred but for the negligence of the defendant. Finally, before a lawsuit can be filed in New York, it is necessary to obtain a doctor's opinion that there is a reasonable basis to bring the lawsuit.