Do you think you have been the victim of medical malpractice?  Contacting an attorney in our Lawyers New York Directory may provide the answer for you.

As patient, executor of an estate or legally designated party acting on the behalf of a patient, you must establish all four elements of the negligence law for a successful medical malpractice claim.

1.    A duty was owed: A legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
2.    A duty was breached: The provider failed to conform to the relevant standard of care.
3.    The breach caused an injury: The breach of duty was a proximate (direct) cause of the injury.
4.    Damages: Without damages, there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damages can occur without negligence, for example, when someone dies from a fatal disease.

As a plaintiff, you may be entitled to compensatory and punitive damages.  Compensatory damages are both economic and non-economic. Economic damages include financial losses such as lost wages (sometimes called lost earning capacity), medical expenses and life care expenses. These damages may be assessed for past and future losses. Non-economic damages are assessed for the injury itself: physical and psychological harm, such as loss of vision, loss of a limb or organ, the reduced enjoyment of life due to a disability or loss of a loved one, severe pain and emotional distress. Punitive damages are only awarded in the event of wanton and reckless conduct.

Legal ramifications of medical malpractice are very complex.  You won’t know if you have a case without consulting with an attorney.  Allow the Lawyers New York Directory to help you get started today.

New York Medical Malpractice Lawyers

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