If you feel you have suffered due to medical malpractice in New York, it is very important that you understand exactly what medical malpractice is. If you wish to collect damages for your injuries from the incident, you also need to understand the elements of a malpractice claim. Elements are what you must prove in court to get the court to find in your favor.
According to MPR, there are five elements of malpractice you need to prove. Some of the elements are straightforward and very easy to understand while others are bit more complex. If you cannot prove all the elements, then you may not have a very strong case.
An obvious element is showing that you suffered an injury. You need to have had something bad happen to you to file a claim. This can be physical or psychological.
You also need to show that the medical professional had a duty of care when it came to you. This means he or she was in charge of your care and had the duty to provide you with adequate medical care. Basically, you need to show you had a doctor/patient relationship.
You also need to show the doctor did not follow acceptable standards of care. This means the doctor did not act in a way that is generally accepted in that type of situation. This includes things he or she did and did not do.
It is important to show that the duty of care the doctor owed you as his or her patient was not carried out. Again, this can be showing something the doctor did or did not do.
Finally, you have to prove you had damages as a result. This is usually financial but can also be emotional.
This information is for education only and does not constitute legal advice.