Common Causes of Medical Malpractice in New York
To establish a medical malpractice claim, the law requires proof of a causal connection between the medical professional’s negligent conduct and the injury suffered by a patient. Proof of causation in medical malpractice cases is often complicated and often requires the analysis and testimony of an expert witness.
Circumstances that often complicate proof of causation include treatment by a number of health professionals, each of whom may or may not have been negligent and may or may not have contributed to the patient’s injury. For instance, there might be errors in diagnosis, errors in rendition of a second opinion, errors in the conduct of a treating or operating physician, errors by technicians in the operating room, defects in drugs or equipment, or errors in equipment maintenance or record-keeping. Expert assistance will be required to determine how or even whether each alleged act of negligence contributed to the injuries the patient suffered.
In addition, causation may be complicated by the existence and natural progression of the illness or injury for which treatment was provided. For example, even if a doctor’s treatment of a cancer patient falls below the standard of care, it may be hard to prove that the doctor’s negligence, rather than the cancer, caused the patient’s death.
Proof of causation may also be complicated by lack of scientific consensus on the cause of a particular illness or injury. In such a case, there is likely to be competing expert testimony, not only on causation but on the science behind each theory of causation.
As Experienced Medical Malpractice Attorneys, We Know How to Advance and Try Medical Malpractice Cases
We subpoena records, question witnesses, take depositions, and conduct a detailed investigation when medical malpractice is suspected. We will typically hire experts to review medical charts and to provide an opinion as to what conduct should have taken place based upon the facts and circumstances of a case.
If it appears that malpractice was committed, we will initiate legal action against all those who we believe are liable.
If You Believe You Were the Victim of Malpractice, Please Call Us to Schedule a Free, No-Obligation Consultation
When we meet with you and learn the facts about your case, we can advise you as to how we can help. We usually represent clients in medical malpractice cases on a contingency fee basis. This means that there are no fees to us unless we recover compensation for you.