How Do You Prove Medical Negligence in New York?

When patients seek medical care, they trust doctors, nurses, hospitals, and other healthcare providers to deliver treatment that meets accepted professional standards. Unfortunately, mistakes do happen. While not every unfavorable medical outcome is the result of negligence, some injuries can be attributed to medical malpractice.

To win this type of personal injury claim, you will need to prove medical negligence. This generally means proving that your healthcare provider failed to provide the level of care that a reasonably competent professional would have provided under similar circumstances. You must also show that this violation caused your injuries, and that you suffered losses as a result.

At the Law Offices of Thomas L. Gallivan, we help victims of medical negligence understand their rights and pursue accountability when healthcare providers fail to meet accepted standards of care. We handle all cases on a contingency fee basis, which means that you will never pay a fee unless we recover money for you. Contact our law firm today to schedule a free initial consultation with a New York medical malpractice lawyer.

What Is Medical Negligence?

Medical negligence is often referred to as medical malpractice. It occurs when a healthcare provider fails to exercise the degree of care and skill that a reasonably competent provider would have exercised under similar circumstances. 

Examples of medical negligence include:

• Misdiagnosing a serious condition
• Failing to diagnose cancer or another illness
• Surgical errors
• Medication mistakes
• Birth injuries
• Failure to order appropriate testing
• Delayed diagnosis
• Improper treatment
• Failure to obtain informed consent

However, a poor medical outcome alone does not automatically mean that a healthcare provider committed malpractice. Medicine is not an exact science, and healthcare providers cannot guarantee successful results. The key issue is whether the provider’s conduct fell below accepted professional standards.

The Four Elements You Must Prove

To succeed in a New York medical negligence lawsuit, the injured victim (plaintiff) must generally establish four essential elements:

1. A provider-patient relationship existed.
2. The healthcare provider (defendant) breached the applicable standard of care.
3. This violation caused the plaintiff’s injury.
4. The patient/plaintiff suffered losses (damages).

If any one of these elements is not supported by evidence, the claim may fail.

Establishing a Patient-Provider Relationship

The first step in a medical negligence lawsuit is proving that the healthcare provider owed a duty of care to the patient. In legal terms, this duty arises when a provider-patient relationship exists. Once a physician agrees to evaluate, diagnose, or treat a patient, the physician assumes a legal obligation to provide care consistent with accepted medical standards.

This element is often straightforward to establish through evidence such as:

• Medical records
• Appointment records
• Hospital admission documents
• Treatment notes
• Billing records
• Prescription records

Without a provider-patient relationship, there generally can be no medical malpractice claim. For example, if you have a casual conversation about an injury with a doctor while at a backyard BBQ, that probably won’t create the formal relationship necessary for a malpractice case. However, if you make an appointment with that doctor and begin treatment, the duty of care is established.

Proving a Breach of the Standard of Care

The second,  and often most contested, element is proving that the healthcare provider violated the applicable standard of care. The standard of care refers to the level of treatment that a reasonably competent healthcare provider with similar training and experience would have provided under the same circumstances.

This does not mean that doctors must be perfect. Instead, the question is whether the provider acted in a manner consistent with accepted medical practices. 

For example, a breach of the standard of care might involve:

• Ignoring obvious symptoms
• Failing to order necessary diagnostic tests
• Misreading imaging studies
• Performing surgery incorrectly
• Prescribing contraindicated medications
• Failing to monitor a patient’s condition appropriately

The plaintiff must demonstrate that the provider’s conduct deviated from what a reasonably skilled practitioner would have done under similar circumstances.

Unlike a typical car accident case, medical malpractice claims involve highly specialized issues that often go beyond the knowledge of ordinary jurors. As a result, New York courts require expert testimony to establish the applicable standard of care, how the defendant departed from that standard, and why the departure constituted negligence. 

For medical malpractice cases, a qualified physician in the same or similar specialty reviews the records and provides an opinion regarding whether medical malpractice occurred. This is submitted in a Certificate of Merit along with the complaint. Without expert testimony, a medical negligence claim will not proceed.

There are some cases where expert witness testimony isn’t necessary to prove that medical negligence occurred. Under the doctrine of res ipsa loquitur (Latin for “the thing speaks for itself”), some errors are so obvious that negligence may be inferred without extensive expert analysis. Examples may include things like surgery performed on the wrong body part or a surgical instrument left inside a patient.

These types of cases are less common, although they do happen. Our New York medical negligence attorneys can help you understand what level of evidence will be required to prove a breach of the standard of care in your case.

Proving Causation

Even if a doctor made a mistake, that alone does not guarantee liability. The patient must also prove causation. In other words, the plaintiff must demonstrate that the healthcare provider’s negligence actually caused the injury or significantly worsened the patient’s condition. 

This is often where malpractice cases become particularly challenging. Many patients who bring malpractice claims were already sick or injured before the alleged negligence occurred. Defense attorneys frequently argue that:

• The patient’s condition would have worsened anyway.
• The injury resulted from an underlying disease.
• The outcome was unavoidable even with appropriate medical care.
• Other medical conditions caused the harm.

The plaintiff must show that the provider’s negligence was a substantial factor in causing the injury.

For example, imagine a patient visits a doctor with symptoms that may indicate colon cancer. The physician fails to order the appropriate testing, and two years later, the cancer is diagnosed at a much more advanced stage. To prove medical negligence, the plaintiff would need to demonstrate:

• A competent physician would have ordered the testing earlier.
• Earlier diagnosis likely would have led to more effective treatment.
• The delay reduced the patient’s chance of recovery or survival.

Expert medical testimony is often necessary to connect the provider’s negligence to the patient’s injuries.

Proving Damages

The final element requires proof that the patient suffered actual harm. Even if negligence occurred, a malpractice case cannot succeed without evidence of damages.

Potential damages may include:

1. Economic damages compensate victims for measurable financial losses, such as:
   • Medical expenses
   • Future treatment costs
   • Rehabilitation expenses
   • Lost wages
   • Loss of earning capacity
   • Home care costs
2. Non-economic damages address personal losses that are more difficult to quantify, including:
   • Pain and suffering
   • Emotional distress
   • Loss of enjoyment of life
   • Disability
   • Disfigurement
3. Wrongful death damages may be available in cases where medical negligence results in death. Surviving family members may be able to pursue a wrongful death action to recover money for funeral and burial expenses, loss of companionship, and other losses.

The Importance of Evidence in a Medical Malpractice Case

Medical records are often the cornerstone of a medical negligence lawsuit. These records can reveal:

• Symptoms reported by the patient
• Diagnoses considered by providers
• Testing ordered or omitted
• Medication decisions
• Surgical procedures
• Follow-up recommendations

A thorough review of medical records frequently uncovers inconsistencies, omissions, or departures from accepted practices. This can then be used to support a malpractice claim.

A New York medical negligence attorney will request records from hospitals, physicians, specialists, diagnostic imaging centers, laboratories, and pharmacies. The earlier that these records are obtained and preserved, the better. 

In addition to medical records, plaintiffs may rely on other evidence to prove their medical negligence case. This may include:

1. Expert Witness Testimony: Expert witnesses often provide some of the most important evidence in a malpractice case. They can explain:
   • Accepted medical standards
   • How the defendant deviated from those standards
   • How these errors caused the plaintiff’s injury
   • The patient’s prognosis

2. Diagnostic Images: X-rays, CT scans, MRIs, and ultrasound studies can often reveal missed diagnoses or treatment errors.

3. Laboratory Results: Blood tests, pathology reports, and other laboratory findings may help to establish negligence.

4. Witness Testimony: Nurses, technicians, family members, and other witnesses may provide important factual information about the patient’s treatment and condition.

5. Hospital Policies and Procedures: Internal protocols sometimes reveal whether providers complied with accepted practices.

How a New York Medical Malpractice Attorney Can Help

Medical negligence claims are among the most complex types of cases in personal injury law. Not only do you need an expert witness willing to opine that your injury was caused by medical negligence, but you must also take on a large medical malpractice insurance company and its teams of lawyers and adjusters.

An experienced New York medical negligence lawyer will investigate the circumstances of your injury, obtaining and analyzing your medical records. They will also consult with qualified medical experts to identify departures from accepted standards. 

If your lawyer can develop evidence to show that a healthcare provider deviated from the standard of care, they will then work to prove that this violation caused your injuries (such as a cancer diagnosis that wasn’t made until it had advanced, despite early symptoms). They will also calculate damages.

Throughout the process, your lawyer will handle all negotiations and communications with the insurance company. Most personal injury cases are resolved outside of court. However, if necessary, they will present your case to a jury and ask them to return a verdict in your favor.

Healthcare providers and hospitals often have substantial legal and financial resources. By comparison, you may be struggling under the weight of medical bills, lost wages, and more. Having experienced legal representation can make a significant difference in the outcome of your claim.

Contact The Law Offices of Thomas L. Gallivan for a Free Consultation for Your Medical Negligence Claim

Proving medical negligence in New York requires much more than showing that a medical procedure had a poor outcome. Patients must establish a provider-patient relationship, demonstrate a departure from accepted medical standards, prove that the negligence caused injury, and show measurable damages. Our law firm works with respected medical experts who can help us prove that your injuries were caused by medical negligence.
If you believe that you or a loved one suffered harm because of a doctor’s mistake, a hospital error, a delayed diagnosis, or another form of medical negligence, the Law Offices of Thomas L. Gallivan can evaluate your case and help you understand your legal options. We won’t hesitate to take on the big insurance companies or hospital systems, and we won’t back down until we get you the money that you deserve.   To learn more, call us at 914-220-1086 or fill out our online contact form to schedule a free consultation with a New York medical malpractice attorney.