Medical Malpractice Attorney in Freeport, New York
As patients, we trust our doctors, nurses, and other medical professionals to care for us. Their job is to help our health improve as much as possible. Unfortunately, sometimes the professionals we trust fail to uphold the standard of care necessary for our care and instead end up causing harm. It can have dire consequences when medical professionals fall short of their responsibilities.
At the Law Office of Cohen & Jaffe, we know that it can be incredibly traumatic to be injured or harmed in any way by a professional you trusted with your health. Medical professionals are held to an exceptionally high degree of care precisely because their actions can have serious consequences. Our personal injury attorneys are determined to help people harmed by medical negligence recover the compensation they are owed and help them hold the person or entity responsible for the harm they’ve suffered accountable for their actions.
Do You Have a Medical Malpractice Case?
An essential element of medical malpractice cases is proving that the medical professional who treated you departed from the legal standard of care required of them and, in doing so, committed an act of negligence.
The four elements necessary to have a valid medical malpractice case include:
- There must be an established patient-doctor relationship with the medical professional who agreed to provide the patient’s treatment.
- The medical facility or provider departed from the accepted standard of care by acting negligently, carelessly, or incompetently.
- The negligence, carelessness, or incompetence brought harm to the patient.
- The patient suffered damages or losses as a result of the harm they endured.
When all four elements are present in a case, the patient can pursue a medical malpractice case.
What Is the Standard of Care in a New York Medical Malpractice Case?
Hospitals and healthcare providers are trusted to safeguard the health of their patients. However, sometimes they fail to exercise the required standard level of care, which results in serious injuries. These injuries can have an immense impact mentally, physically, and financially on the patient for the rest of their life. When a patient is harmed by a medical professional’s deviation from the required standard of care, they can pursue a medical malpractice claim for monetary damages.
There is no clear definition of the standard of care for hospitals or healthcare providers, as it continuously evolves and varies based on the particular medical situation. However, it consists of formal and informal guidelines generally accepted by the medical community as a treatment for a disease or condition. Healthcare professionals have undergone rigorous training and examinations to become specialists in their fields; therefore, they’re held to a higher standard of care.
In a New York medical malpractice lawsuit, the standard of care is considered met if other hospitals and physicians with equivalent skill and competence would have provided the same treatment or followed the same guidelines under similar circumstances.
The Importance of a Medical Expert For a Medical Malpractice Claim
Before filing a medical malpractice lawsuit in Freeport, NY, a medical expert needs to review the patient’s medical records to determine if there is a reasonable belief that malpractice may have occurred. With the exception of a few cases, a Certificate of Merit must be attached to the lawsuit stating that the attorney believes (after consulting with a medical expert) that there’s a reasonable basis for the lawsuit.
Choosing a medical expert is an essential element of a medical malpractice claim. Most medical malpractice claims weigh heavily on the testimony of medical experts. An expert provides the information the jury uses to determine whether a medical provider’s negligence or error arose to the level of malpractice. An experienced Freeport medical malpractice attorney understands the importance of medical experts in medical malpractice and has the resources to obtain them for a case.
Why Are Medical Experts Necessary?
Healthcare professionals owe a duty of care to their patients. When a provider violates that duty, the provider can be held liable for damages. However, not every case of negligence or error rises to the level of malpractice. To prove that a case is an instance of malpractice, they must prove the medical provider’s actions failed to meet the medical standard of care in a case and that failure to meet the medical standard of care resulted in injuries and damages.
A medical expert reviews a case and determines what a reasonable provider (in the same area of practice) would have done given the same or similar circumstances. The evolution of the expert becomes the definition of the medical standard of care that needs to be applied in the case. The medical expert analyzes the doctor’s action to determine how they deviated from the medical standard of care and whether that deviation resulted in the patient’s injury. The deviation must be the reason the patient suffered harm.
It’s important to remember that the medical professional or hospital will have their own expert who will argue against the expert in your case. It’s common for medical malpractice cases to come down to the dueling arguments of the experts and which experts the jury believes. Therefore, it’s crucial to have strong medical experts on your side.
Experienced Medical Malpractice Lawyer at The Law Office of Cohen & Jaffe
You go to a doctor to get better. Still, sometimes the opposite happens, and that can be incredibly difficult. Fortunately, the attorneys at the Law Office of Cohen & Jaffe are here to help you get through this process and achieve the best possible results. Our attorneys are committed to our clients, ensuring their best interests and needs are prioritized above all else.
Work with a firm that is committed to representing your best interests and contact the Law Office of Cohen & Jaffe today. You can schedule a consultation by calling 516-358-6900 or completing our contact form to learn more about how we can help you. To stay on top of laws that may impact your medical malpractice case, you can subscribe to our Cohen & Jaffe YouTube channel.
For a free legal consultation with a medical malpractice lawyer serving Freeport, call 516-358-6900