New York medical malpractice claims can be complicated and require an understanding of complex procedural, evidentiary, and substantive negligence laws.
The complexity of these lawsuits creates confusion, misunderstanding, and false assumptions about New York medical malpractice claims.
Those who suffer injuries because of a medical provider’s negligence should consult an experienced New York medical malpractice attorney to discuss how to proceed.
An attorney can provide medical malpractice victims with advice, counsel, and representation throughout all stages of a medical malpractice lawsuit.
Grounds for Medical Malpractice Lawsuits in New York
Under New York law, medical malpractice refers to a specific type of professional negligence by a healthcare provider.
Negligence occurs when the healthcare provider’s conduct deviates from or falls below the relevant standards of care.
When negligence causes a patient to suffer an injury, become ill, or experience a worsening of a condition, then the patient may have a valid medical malpractice claim.
Elements of a Medical Malpractice Claim
Not all medical mistakes constitute medical malpractice. The law acknowledges that some degree of risk is inherent in many medical procedures.
While the law does not require healthcare providers to guarantee that the patient will not experience an unfavorable outcome, it does mandate that the provider meets the applicable standard of care.
The four primary elements of a New York medical malpractice claim include the following:
- Duty – the at-fault party is a healthcare provider who owes the patient a duty of care because of a physician-patient relationship.
- Breach – the healthcare provider’s conduct deviated from the acceptable duty of care.
- Causation – the healthcare provider’s breach caused or contributed to the patient’s injuries.
- Damages – the patient incurred damages because of their injuries.
Those who want to sue a doctor for negligence must submit evidence substantiating their negligence claim.
Depending on the case’s unique circumstances, victims might need to submit expert medical opinions to bridge the gap between the jury’s common knowledge and the specialized knowledge relevant to the case.
Can You Sue a Doctor for Medical Malpractice?
In New York, “healthcare provider” in the context of medical malpractice claims includes any individual or organization involved in providing health care or treatment.
As such, individuals can sue a doctor for medical malpractice in New York.
In addition, other healthcare providers may be liable:
- Surgeons,
- Specialists,
- Nurses,
- Assisted living facilities,
- Hospitals,
- Free clinics, and
- Physical therapists.
Under New York law, medical malpractice claimants must bring their claims within a specific timeframe.
It is best to consult a malpractice attorney about this requirement and any exceptions that might be relevant.
How to Sue a Doctor for Malpractice?
Under New York law, a medical malpractice victim’s attorney must file and execute a Certificate of Merit.
The Certificate of Merit verifies that the victim’s attorney consulted with a medical expert who concluded that the victim’s claim has merit.
The medical expert must be a physician who confirms that there is a reasonable basis for a lawsuit. In some cases, an exception to the requirement may apply.
An experienced attorney can work with medical malpractice victims to determine the most effective way to secure compensation against a negligent doctor.
The information provided on this page speaks in general terms. Of course, there are often exceptions that apply in certain situations.
For a complete list of all exceptions, please consult the Consolidated Laws of New York.
Attorney Ted Naima is also happy to answer any questions you have about your injuries or ability to pursue a claim against the responsible party.
Learn More About How to Sue a Doctor for Malpractice
If you or a loved one recently received substandard medical care and you believe the treating providers may have committed medical malpractice, reach out to the Law Offices of Theodore A. Naima.
As an experienced New York personal injury and medical malpractice lawyer, Ted has more than 25 years of hands-on experience helping patients and their families hold negligent healthcare providers accountable.
He provides all prospective clients with a free consultation to answer questions and provide an overview of the recovery process.
To learn more and to schedule your free, no-obligation consultation, call us directly at 516-280-7311. You can also reach us through our online contact form.
Theodore A. Naima
Theodore A. Naima is the founding partner of the Law Offices of Theodore A. Naima, a Personal Injury & Medical Malpractice Law Firm based in New York. In 2015, Ted was awarded the prestigious AV Preeminent® rating from Martindale-Hubbell®, the company that has long been recognized as setting the gold standard for lawyer ratings, signifying the highest degree of peer recognition and professional excellence.
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