What Are the Elements of a Medical Malpractice Case?

By seriousl August 19, 2024

When seeking medical treatment, patients trust healthcare providers to offer safe and effective care. However, when that trust is broken due to negligence, it can lead to significant personal and legal consequences. At Poissant, Nichols, Grue, Vanier & Babbie, P.C., we are committed to supporting victims of medical malpractice, helping them secure the justice and compensation they deserve.

The 4 Elements of a Medical Malpractice Case in New York

Medical malpractice claims are among the most complex types of litigation within the field of personal injury law. These cases hinge on establishing that a healthcare provider deviated from the accepted standards of medical care, resulting in patient harm. To fully understand what constitutes a medical malpractice claim, it’s crucial to break down the essential elements involved.

1. Professional Duty Owed to the Patient

A duty of care is the cornerstone of any medical malpractice claim. This legal obligation arises when a healthcare provider establishes a professional relationship with a patient. This relationship is formed when a patient seeks medical treatment and the healthcare provider agrees to provide it. Key elements of the duty of care:

• Doctor-patient relationship: A formal agreement is not necessary; mutual consent to provide and receive care is sufficient.
• Standard of care: Healthcare providers must exercise the level of skill, knowledge, and care that a reasonably prudent healthcare provider in the same specialty would under similar circumstances. This standard is typically determined by expert testimony.
• Informed consent: Patients have the right to make informed decisions about their medical care. Healthcare providers must disclose the risks, benefits, and alternatives to proposed treatments.

This is the first critical step in a medical malpractice claim. According to the American Medical Association’s Code of Medical Ethics, physicians are ethically obligated to serve patients with competence and compassion, adhering to professional standards of care.

2. Breach of Duty

Breach of Duty occurs when a healthcare provider fails to exercise the degree of care, skill, and knowledge expected of a reasonably prudent healthcare provider under similar circumstances. This is often referred to as medical negligence. Key factors determining the standard of care are…

• Specialty: The level of care expected from a specialist differs from that of a general practitioner.
• Geographic location: Standards of care can vary between urban and rural areas due to resource availability.
• Technological advancements: Healthcare providers are expected to stay updated on the latest medical practices and technologies.

Common examples of breach of duty include…

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Medication errors
• Failure to obtain informed consent
• Birth injuries
• Anesthesia errors

Proving breach of duty typically involves expert testimony from healthcare professionals in the same field who can establish that the provider’s actions fell below the accepted standard of care.

3. Injury Caused by the Breach

To establish a successful medical malpractice claim, the plaintiff must prove that the healthcare provider’s breach of duty directly caused the injury. This is known as causation.

• Direct causation: A clear and unbroken link must exist between the provider’s negligence and the patient’s injury.
• Proximate causation: The injury must be a foreseeable consequence of the breach.

Expert testimony is often crucial in establishing causation, as medical experts can analyze the patient’s medical records and provide opinions on the likelihood that the breach caused the injury.

4. Damages Resulting from the Injury

Damages are the monetary compensation awarded to the plaintiff for the harm suffered due to the medical malpractice. Here are the 3 types of damages…

• Economic damages: These are quantifiable losses, such as medical expenses, lost wages, and property damage.
• Non-economic damages: These are intangible losses, such as pain and suffering, emotional distress, and loss of consortium.
• Punitive damages: In rare cases of egregious misconduct, courts may award punitive damages to punish the defendant and deter similar behavior.

Determining the amount of damages involves assessing the extent of the patient’s injuries, their impact on the patient’s life, and the cost of future medical care and rehabilitation.

Legal Precedents and Statutory References

Legal standards and precedents for medical malpractice are derived from both statutory laws and court decisions. For example, the New York Civil Practice Law & Rules section 214-a mandates that a medical malpractice lawsuit must be filed within two and a half years from the date of the alleged act, omission, or failure causing the injury. Moreover, various cases in New York state courts have established precedents on how these elements are evaluated and proven in court.

Medical malpractice claims require a deep understanding of both the legal and medical context. If you or a loved one has suffered due to medical negligence, it is crucial to seek skilled medical malpractice lawyers in NYC. Learn more about our services on this page. Our team is ready to help you navigate these challenging legal waters and work towards the compensation you deserve.

Why Choose Us for Your Medical Malpractice Case?

Choosing the right attorney is crucial. With our thorough understanding of New York medical malpractice law and a commitment to personalized service, we ensure that every aspect of your case is handled with diligence and care.

If you believe you or a loved one has been a victim of medical malpractice, it’s vital to act promptly to protect your rights. Review our testimonials to see how we’ve helped others in similar situations, and contact our knowledgeable team of medical negligence lawyers today.