Filing a medical malpractice claim can be complicated. At the heart of this complication is the need to prove that the medical professional who treated you was neglectful and that neglect was the cause for your current disability or injury. To establish and prove this in court, however, you’ll need to hire the help of a Long Island medical malpractice lawyer. Here are the specific proofs or strong points that a malpractice case typically requires:
Established Professional Relationship
The first step is to show that you and your doctor had a doctor-patient relationship. This is the easiest to prove; as long as the doctor agreed to treat you or gave you a diagnosis, then you are officially their patient and they have a responsibility to provide you the best care that meets healthcare standards. Being neglectful violates this responsibility. It’s not just doctors, though; nurses and other medical professionals have the same responsibility when you are under their care.
Proof of Neglectful Care
The next step is to prove that your doctor was neglectful. This usually involves in-depth medical knowledge and careful investigation, which is why practicing medical malpractice attorneys in Long Island and other NYC Metro Areas like those from the Law Offices of Joseph Lichtenstein often call in medical experts. For example, medical errors happen when a wrong diagnosis or treatment is given. Expert testimony can prove that these errors could have been avoided if the doctor in charge was not neglectful.
The main issue that concerns neglectful care is whether a doctor met the standards of care for the patient. A medical expert can testify what a typical and knowledgeable doctor would have done to treat the patient. Afterwards, the expert will then discuss whether the doctor being sued responded in the right manner. If they did not, then they can be considered neglectful.
Link Between the Neglect and the Injury
After proving that neglect did happen, it should be linked to the injury or suffering of the complainant. Medical experts and experienced lawyers are again needed to prove the connection. The main thing is that it must be proven that your current condition is not caused by your health issues alone, but by the substandard care you received. For example, a wrong prescription by a doctor caused serious side effects that could not have stemmed from your disease.
List of Damages
Finally, malpractice cases should provide a definite list of injuries that you are claiming were caused by your doctor’s neglect. Categorizing these correctly and attributing the right monetary value or financial compensation to them will require a lawyer’s help. A correct list will ensure that you will be properly compensated when you win the case.
(Source: Medical Malpractice: Using Expert Witnesses, NOLO)