Understanding the foundation of medical malpractice cases is essential when navigating a healthcare-related legal matter. At the Law Office of Cohen & Jaffe, LLP, our team often addresses a critical question: What is the basis for most liability claims in medicine? The answer centers on the legal concept of negligence. This blog breaks down what negligence looks like in a medical context, how it leads to liability, and what patients and families should know about pursuing justice in New York.
What is the Basis for Most Liability Claims in Medicine
Negligence is the basis for most liability claims in medicine. It occurs when a healthcare provider fails to uphold the accepted standard of care, resulting in harm to a patient. The law holds medical professionals to the standard of what a reasonably competent provider in the same field would do under similar circumstances. When that standard is breached, and injury follows, a malpractice claim may arise.
Negligence can stem from action or inaction, such as performing a procedure incorrectly or failing to respond to warning signs of a serious condition. The concept is not limited to dramatic errors in the operating room. It applies broadly to missteps in diagnosis, treatment, communication, and aftercare. What ties these claims together is the breach of professional duty that causes preventable harm.
Common Types of Medical Malpractice That Lead to Liability Claims
Medical malpractice appears in many forms, but some types of negligence arise far more often in legal claims. These recurring issues tend to show patterns in how errors occur—and how seriously they can impact patients.
- Misdiagnosis or delayed diagnosis:
This happens when a provider fails to identify a condition promptly or incorrectly diagnoses it altogether. According to the New York City Bar, a delay in diagnosing something as critical as cancer can significantly worsen a patient’s prognosis. Ignoring a visible tumor or dismissing clear symptoms may result in missed treatment opportunities. - Surgical errors:
Common surgical mistakes include operating on the wrong body part, causing unintended internal damage, or leaving instruments inside the patient. These avoidable incidents, sometimes referred to as “never events,” signal serious breakdowns in protocol and safety. - Medication mistakes:
Administering the wrong drug, incorrect dosages, or overlooking a known allergy can lead to severe or even fatal complications. These errors are especially hazardous for seniors, children, or patients taking multiple prescriptions. - Childbirth-related injuries:
During labor and delivery, failing to respond to fetal distress, delaying a necessary C-section, or applying excessive force can cause injuries to both infant and parent. These situations often result in long-term consequences for the child’s development or maternal health. - Post-treatment negligence:
Failing to monitor a patient after surgery or neglecting to follow up on test results can allow manageable issues to escalate into permanent injuries.
A breakdown in the standard of care that leads to real harm. When medical professionals act below accepted norms, the law may hold them accountable through a malpractice claim.
Not Everything Qualifies as Medical Malpractice
No, not every negative outcome is malpractice. That’s important to understand before pursuing a legal claim. Medicine carries inherent risks, and even skilled doctors can’t always guarantee a perfect result. The key legal distinction lies in whether the provider failed to meet the standard of care expected in their specialty.
For example, if a surgeon properly explains the risks of a procedure and a known complication occurs—even with proper technique—that may not be malpractice. However, if they ignore abnormal test results or don’t inform the patient of critical follow-up care, that’s a different story.
Patients who feel something went wrong should always seek legal insight, but with realistic expectations about how the law defines negligence.
Requirements for Proving a Malpractice Case in New York
Medical malpractice cases in New York must meet strict legal standards. Just being injured during medical care is not enough. A plaintiff must demonstrate all four of the following elements:
- Duty: The healthcare provider had a professional obligation to treat the patient.
- Breach of duty: The provider failed to act as a competent medical professional would in the same circumstances.
- Injury: The patient suffered a measurable harm—physical, financial, or emotional.
- Causation: There must be a direct link between the provider’s failure and the injury suffered.
Get Legal Support Contact a Medical Malpractice Lawyer Today
At the Law Office of Cohen & Jaffe, LLP, our team works closely with medical experts, builds strong claims, and holds negligent providers accountable. Many New Yorkers have trusted us to recover compensation after preventable medical harm.
Call 516-358-6900 or contact us online for a free consultation.
Call a medical malpractice lawyer near you: