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How can you prove you are a victim of medical malpractice?

When you turn to your New York doctor for medical help, it is because you trust him or her to provide you with the appropriate support and treatment. Like many others who go to the doctor, you believe what your doctor says and adhere to the recommended treatment plan. It can be devastating when things go wrong in your treatment, resulting in addition pain and suffering. 

If your medical treatment did not go as planned, it's possible you are a victim of medical malpractice. Doctors have an obligation to provide patients with care that meets certain standards, and failing to meet those standards can result in a worsening of your medical condition. If you believe you are a victim of malpractice, it is in your interests to act quickly to seek appropriate help regarding a potential civil claim.

How can you prove what happened?

In order to have a successful claim for medical malpractice, you must be able to prove certain things about what happened. These cases are complex, and you may not be sure that what you are experiencing is the result of malpractice. There is no guarantee in the practice of medicine regarding the outcome of a procedure or treatment, but you should not have to suffer because of negligent care or reckless choices made by a doctor, nurse or other type of care provider.

If you think you have a case for medical malpractice, you will need to be able to establish the following elements in order to prove negligence and build an effective medical malpractice claim:

  • There was a clear duty of care owed to you by the doctor, meaning it was clear you were the patient and he or she was treating you for a medical condition.
  • The applicable standard of care clearly applied to your case, and there is a connection between the care you received and the onset of your injury or worsening of your medical condition.

An experienced attorney can evaluate your case and determine if you have grounds to move forward with a civil claim

Moving forward

If you think you have a case for medical malpractice, you do not want to delay in getting the appropriate legal help you need to move forward. The civil justice system provides you a way to pursue appropriate recompense for your losses and any pain and suffering you experienced.

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