Medical Malpractice Laws in NYC
What is medical malpractice? That’s a question the attorneys at Pulvers, Pulvers, & Thompson LLP are asked all the time. Medical malpractice occurs when a medical professional fails to meet the standards of competence – standards of care – expected of people who have been similarly trained and licensed to practice that profession. If a patient is injured, or dies as the result of medical malpractice, the medical professional or hospital or both should be held liable.
In addition to doctors, other health care professionals may also be liable to the injured client for medical malpractice. Nurses, dentists, hospitals, nursing homes, pharmacists, and psychologists – all can be held liable as well.
The basic elements of a medical malpractice lawsuit are simply stated: first, the determination of the standard of care. What should the medical professional have done? Second, there must be a determination as to whether he, she or it deviated from the standard of care. What did he, she or it do “wrong,” or what should have been done?
Both of these issues require the assistance of an expert in the particular area where medical malpractice is alleged to have occurred. An experienced NYC medical malpractice lawyer at Pulvers, Pulvers, & Thompson, LLP works with and relies on leading experts in their fields to obtain the answers.
Once it has been determined that the standard of care was not met, it must also be determined if the failure was the cause of the injury the plaintiff suffered. The malpractice need not have been the sole cause of the injury; for example, if you have a pre-existing condition that is exacerbated by the malpractice, the health care professional may be liable for making that condition worse. Finally, there must be damages suffered as a result of the malpractice. In most cases, the physical damage is evident. The bodily damage is nearly always accompanied by financial loss. We put it all together.
