Medical Negligence in the New York Metro Area

Medical negligence is defined as the improper or unskilled treatment given by a health care professional, regardless of whether this stems from treatment received at a doctor’s office, from a nurse or even by a dentist. If you have been injured by the negligent behavior of a medical professional, it is important to recognize that your lawyer will have to prove beyond a reasonable doubt, the four following elements:

• Your medical professional had a duty of care;
• They violated the standard of care;
• You suffered an injury; and
• The injured was caused as a result of the violation

The burden of proof for the above elements will be placed squarely on your shoulders and it will become your responsibility to prove this to the court. One of the most difficult things to prove in a medical negligence case is the violation of standards of care. This is a subjective understanding of what the medical professional is required to provide and can change from person to person – depending on their perspective.

While this was previously judged against local behavior, this has since changed and is judged on a national basis. In many cases, it will be required to bring in expert witnesses who will be able to walk through the procedures to help outline and define what would have been considered a reasonable standard of care. In some cases, standards that organizations establish may be used as guidelines.