You may assume the safest place you can be when you are experiencing pain or illness is under your doctor’s direct care. But you may be unfortunately mistaken here. This is if your doctor fails to address your health concern adequately and you experience heightened symptoms and complications. Or, when attempting to administer this care, they give you a greater injury than the one you came to seek treatment for. You may wish to respond with a medical malpractice claim. But if you do, you must ensure that you have enough proof that the incurred injuries and damages are a direct result of their negligent actions. Without further ado, please read on to discover how to prove that your injury was caused by medical negligence and how a seasoned New York City medical malpractice attorney at Mark L. Bodner, P.C., can help you present this evidence in legal claim proceedings.
What types of injuries are commonly caused by medical negligence?
While giving birth, you or your newborn may experience serious, life-threatening injuries. Or, in any other type of surgical procedure, you may encounter complications while on the operating table that are difficult or impossible to recover from after you wake up. Lastly, there may be a mix-up at the hospital you are staying at, and you receive the wrong type of dosage of prescription medication. And even though hospitals are supposed to be sterile environments, there is always the likelihood of acquiring infections here.
What circumstances confirm that medical negligence existed?
While the aforementioned types of injuries are commonly caused by medical negligence, not all adverse outcomes of medical care are. After all, there are known risks inherent to certain medical procedures, medications, healthcare facilities, etc., that you may even sign off on in legal paperwork administered to you. With that being said, to confirm that medical negligence existed and that you have a valid malpractice claim on your hands, the following circumstances must be true:
- You must have been a patient of the defendant (i.e., a medical professional) who automatically owed you a duty of care.
- The defendant breached their duty of care by deviating from the standard practices followed by the medical community.
- The defendant breached the standard of care directly led to your incurrence of bodily injuries or serious illnesses.
- Your bodily injuries or serious illnesses have caused you to suffer great economic and non-economic damages.
How can I prove a breached standard of care caused my injury?
It is one thing to know that you have the elements necessary for a medical malpractice claim. It is another thing to prove the validity of your claim before the New York civil court. That is, as a plaintiff, you have a burden of proof and must produce abundant evidence that the defendant (i.e., a medical professional) committed a breach of the standard of care.
Arguably most importantly, this may be accomplished by medical records that chronicle your healthcare leading up to your incurred injuries or illnesses. Namely, records of your appointments, treatments, procedures, medications, and recommendations involving the defendant. Also, what may drive your argument home is a testimony made by a medical expert (i.e., physician, nurse, etc). They may explain to the judge and jury how they likely would have chosen a different patient care approach that more closely aligned with standard practices.
There is no need to go through the important process of presenting your claim alone. Please seek the support and assistance of a competent New York City medical malpractice attorney. Contact Mark L. Bodner, P.C., today.