Medical malpractice cases arise when a patient is injured due to the negligence of a doctor or other medical professional. In order to prove medical malpractice in New York, a patient must prove that the medical professional deviated from the standard of care and that deviation caused the patient substantial harm.
What is the Standard of Care?
In a medical malpractice case, the standard of care generally means the accepted type and level of care that a reasonable healthcare provider with a similar background would administer to a patient with a specific condition. The specifics of the standard of care will depend upon the doctor’s practice area. Not every bad result from a medical encounter will constitute a deviation from the standard of care. If a doctor lacks the skills or fails to exercise their best judgment, then the doctor may be held liable for any harm that results.
It is essential to a medical malpractice case that the injured party proves that the doctor failed to follow the standard of care and that the injury resulted from that failure. To prove the standard of care, it will often take the testimony of medical experts in the field in which the doctor practiced. These experts should have a similar background as the doctor in question. The expert witnesses will testify about the appropriate standard of care in a given set of circumstances and whether the doctor’s actions were a deviation from that standard.
Locality Rule
New York follows the locality rule when it comes to establishing the standard of care. This means that a doctor is not measured against every other doctor in the country. Instead, they are measured against doctors in the geographic area where they practice. The purpose of the locality rule is to protect doctors in small towns from being held to the same standards as doctors in bigger cities. Under the locality rule, a doctor must use a reasonable degree of learning and skill that is ordinarily possessed by physicians and surgeons in the locality where he practices.
Contact an Experienced Medical Malpractice Attorney
If you were injured due to medical negligence, you should consult with an experienced and trusted medical malpractice attorney. At Bonina & Bonina, P.C., we have been helping the victims of medical malpractice for over 50 years. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.