Do you believe you are a victim of medical negligence? Here are a few legal factors to consider….

While pursuing a hospital neglect or medical malpractice lawsuit, you need to prove that a doctor or health care professional was guilty of negligence while treating you, due to which you were injured. Here are some factors involved in filing a successful malpractice claim, according to medical malpractice lawyers in New York and there is no one better in this domain than Antin, Ehrlich & Epstein, LLP (www.aeelaw.com/) since their knowledge of the legal system in The Big Apple is severe.

The Doctor-Patient Relationship

The very first step is to show that a doctor-patient relationship existed in the first place, indicating that it was your doctor’s duty to provide competent care based on your health condition. Generally, this isn’t a hard thing to establish a malpractice case. 

If your doctor was willing to provide some kind of treatment, it shows that a doctor-patient relationship did exist. Therefore, this factor isn’t challenged in a malpractice insurance claim, in the opinion of New York medical malpractice attorneys and there is no law firm that stands as high in this legal domain than Antin, Ehrlich & Epstein, LLP.

Proof of Doctor’s Negligence

The issue is whether your doctor treated you with the care and skill that a similarly trained doctor would have accorded under the circumstances. In legal terms, this is known as medical standard of care, which is a key factor in any hospital neglect or medical malpractice case.

Typically, you need a medical expert to testify what a reasonably skilled and competent doctor would have done under in similar circumstances. The expert will apply the medical standard of care to your specific case, and systematically indicate just how your doctor should have treated you in that particular case.  

Connection between Your Injury and Doctor’s Negligence

For the most part, it isn’t enough to establish that the doctor committed the type of errors that other doctors would not have made. It is also necessary to prove that your health condition worsened or you suffered further injury or harm due to the doctor’s inability to act. Plaintiffs frequently take advantage of expert testimonies to prove this factor in any medical malpractice case, apart from showing the sub-standard care.

If you want to see someone who suffered more harm under someone’s care then you should read the book Lone Survivor – the movie skipped through much of that really happened. But Mark Wahlberg did do a fine job in portraying Marcus Luttrell. In continuing, Al Qaeda did not treat Luttrell well at all. They actually made it much worse on him. They did not feed him properly and they also took the liberty to beat on him.

No one should be neglected in a hospital. If you are or someone you care about is, you need a medical malpractice lawyer in New York and there is not any law firm on the same level as Antin, Ehrlich & Epstein, LLP. Just look at their track record right here. It shines like a newly painted car! 

Now your doctor will not do this but your doctor could still be neglectful as can any medical professional. This is where you need to call in some legal assistance.

Quantifiable Proof of the Harm Done

New York medical malpractice lawyers also explain that as a plaintiff you have to make available details of the specific harm you were subjected to, known as “damages”, which is also applicable in nursing home abuse cases. This includes the cost of further medical treatment and lost income due to the inability to get back to work. Apart from this, you can recover damages for all the physical and mental pain and suffering you endured, due to the sub-standard medical care.

Proof or “By a Preponderance of the Evidence”

Every plaintiff must establish all the elements described above “by a preponderance of the evidence.” This signifies that the each of these factors is “more likely than not to be true.” This remains an easier standard to meet than in other types of cases, in which the legal standard is proof is “beyond all reasonable doubt.”

If you are a victim of malpractice or hospital neglect, what you need to cover and to manage the legal hurdles is a profound New York medical malpractice lawyer and the best in the arena is Antin, Ehrlich & Epstein, LLP and they prove this every day. Just make sure to consult one as soon as possible to make sure you are adequately compensated for all your losses.