How Do You Know Whether You Were A Victim Of Medical Malpractice?
There is a popular misconception that any negative outcome in a medical setting is evidence of malpractice. This isn’t the case. Even if the doctor does everything correctly, a patient may still experience a bad or even fatal outcome. This is one of many reasons why proving medical malpractice can be difficult and requires the help of an experienced attorney like Bob Rich.
If you believe you’ve been the victim of medical malpractice, the information on this page will hopefully help provide some guidance. After reading, you can contact The Law Offices of Robert F. Rich, Jr. PLLC, to discuss your concerns with Bob during a free initial consultation.
What Do Plaintiffs Need To Prove In A Medical Malpractice Case
In New York, there are four elements of a medical malpractice lawsuit. In order to provide malpractice you must demonstrate all of the following:
Element 1: The physician or hospital owed you a duty of care because a doctor-patient relationship existed
In medicine, there is an accepted standard of care. It is the care that nearly all patients could expect from a reasonable medical professional making sound decisions. You first need to show that the person or facility treating you owed you a duty of care because of an established doctor-patient relationship.
Element 2: The defendant violated that duty of care by behaving negligently
A question you need to explore with your attorney is: Was the care provided to you the same as other patients would have received from competent medical professionals under the same circumstances? If the answer is no, you’ll need to establish why the care was substandard, often through in-depth research and the testimony of an expert medical witness.
Element 3: The defendant’s negligence caused injury or death
You will need to link the doctor or hospital’s negligent actions to your injuries or the death of a loved one. You must show that this harm would not have occurred had the physician/facility delivered an acceptable standard of care.
Element 4: You suffered damages as a result of the injury or death
In a legal context, “damages” refers to harms like high medical bills, lost wages, permanent disability, pain and suffering, and/or a loved one’s death. If you were injured or lost someone you love, this is often an easy element to prove.
If you can establish all four of these elements with the help of an attorney, you likely have a viable medical malpractice claim.
The Right Attorney Can Make All The Difference
Medical malpractice litigation often requires a significant investment of time, money and preparation. Because of this, many attorneys will only take easy cases with a sufficiently high estimated settlement or jury award.
Attorney Bob Rich is different. Because he worked for many years as a medical malpractice defense attorney, he intuitively understands the types of arguments that opposing counsel will make. As such, he can often take cases that are too complex for other plaintiffs’ attorneys.
Bob also believes in doing what’s right. When he accepts or turns down a case, he doesn’t base his decisions solely on the expected payout. Instead, he carefully considers the factors discussed above and gives prospective clients an honest assessment of the likelihood of success if the case goes to trial.
Explore Your Legal Options For Free – Contact The Firm Today
The Law Offices of Robert F. Rich, Jr. PLLC, offers free initial consultations to clients throughout New York’s Hudson River Valley and surrounding areas. To schedule yours, call the firm in New Platz at 845-255-7424 or fill out an online contact form.