Top New York Medical Malpractice Attorneys Helping Victims Seek Justice

What Constitutes Medical Malpractice?

Medical malpractice is a growing concern today among both physicians and patients. The standard definition of what is malpractice is the failure of a health provider, to treat a patient in line with the customary standard of care within the medical industry. This failure results in the injury or death of the patient. There are many versions of medical malpractice, but the term generally includes failure to treat accurately, misdiagnosis, errors in prescription of medication, failure to recommend or perform follow up treatment, negligence, and delays in treating issues.

An important part of the medical malpractice definition is the concept of customary standard of care. If you believe yourself to be a victim of this negligence, this means the doctor or care provider departed from the level of skill, care, and application normally given by an average provider in the same situation. If the average doctor would have reacted differently given the same scenario, you may be a victim of medical malpractice. If your medical provider failed to treat you properly and this resulted in injury or new health issues, you should consider the possibility of investigating a medical malpractice suit. Our experienced medical malpractice lawyers in Long Island can help analyze your case and determine if you have a claim.

The Distinction Between Medical Malpractice and Treatments with a Poor Outcome

There is an important distinction to make regarding treatments and medical malpractice. If your doctor has told you that a particular treatment or course of action would produce a particular result or improvement in your state, this does not necessarily bind the doctor for ensuring you achieve that result or improvement. A bad result does not necessarily equal malpractice if the treatment and decisions made by that provider mirror what an average doctor or provider would do in that same situation.

Filing Medical Malpractice Litigation in New York

One issue related to the victim’s burden of proof in a medical malpractice case is the requirement for expert testimony. Since these lawsuits are complex, the average juror may not be capable of understanding what happened and assessing liability without explanations provided by a specialist in the field. Therefore, New York law requires expert opinion testimony to prove that a medical provider’s actions constituted a breach of the applicable standard of care. The witness is also required to provide evidence that the breach directly caused the injuries. Medical malpractice cases often hinge on expert testimony. An attorney in Long Island could help you retain a qualified expert. Skipping this step can result in the dismissal of a claim long before a trial occurs.

Discuss Your Medical Malpractice Claim with a Long Island Attorney

If you have been hurt as a result of malpractice, the Long Island medical malpractice lawyers at Duffy & Duffy Law can answer your questions and begin the process of seeking damages for your injuries. We serve individuals throughout New York with the compassion and dedication that they deserve. Contact us online, or call (516) 394-4200 to speak with an attorney today.