Incompetent medical care often not only causes diminished health but also frequently causes mental and emotional trauma and significant financial losses as well. As such, many people harmed by negligent medical care seek to recover damages via a medical malpractice lawsuit. Claims against medical professionals are typically more complicated than other civil lawsuits, and whether a plaintiff recovers damages hinges in large part on the strength of the evidence presented in medical malpractice cases. If you sustained damages due to inadequate medical care, it is advisable to consult a skilled attorney to discuss your case and what evidence you may need to prove liability. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse medical malpractice attorneys are adept at helping injured parties in the pursuit of damages, and we will zealously advocate on your behalf. We routinely represent residents of Syracuse, Rochester, and other cities in Upstate New York residents in medical malpractice cases, and we have the skills and resources needed to help you seek a successful result.
Examples of Harm Caused by Medical MalpracticeMany patients suffer harm due to a healthcare provider’s failure to take appropriate action, which often constitutes medical malpractice. For example, a physician may fail to obtain a complete medical history from a patient or may fail to fully assess a patient’s symptoms and may miss important information that is crucial to providing an accurate diagnosis. Similarly, a doctor may fail to conduct appropriate diagnostic tests or refer a patient to a specialist, resulting in a missed diagnosis. In some instances, even if a doctor provides a patient with a proper diagnosis, the doctor may nonetheless cause the patient injuries by failing to provide appropriate treatment in a timely manner. Patients also frequently suffer harm due to improperly performed surgeries, inappropriately prescribed medications, and procedures performed without their informed consent.
Demonstrating Liability Through Evidence in Medical Malpractice CasesRegardless of the precise acts that led to a patient’s losses, a patient seeking damages in a medical malpractice case must produce evidence that is sufficient to show that the defendant should be held liable for their harm. Typically, a plaintiff in a New York medical malpractice case will allege that the defendant committed medical negligence. As such, the plaintiff must provide evidence that demonstrates that the defendant had a duty to treat the plaintiff in a manner that comported with the accepted standard of care. The plaintiff must then set forth evidence showing that the defendant breached the standard of care.
Generally, the plaintiff must rely on expert testimony to explain the standard of care, which is the good and accepted practice of medicine within the applicable community and the manner in which the defendant’s acts departed from the standard of care. The patient must not only prove that the defendant breached the standard of care but also that the breach caused their harm, which requires expert testimony as well. In most cases, the expert will rely on the plaintiff’s treatment records, results of diagnostic tests, and the depositions of the plaintiff, defendant, and other witnesses to formulate an opinion.
Establishing Damages via Evidence in Medical Malpractice CasesA plaintiff pursuing claims in a medical malpractice case must not only prove liability but must also prove damages. Thus, the plaintiff typically will have to produce evidence of the cost of any medical treatment they have undergone due to the harm caused by the defendant and the cost of any medical treatment they are reasonably expected to need in the future. If the plaintiff suffered other economic damages, such as lost wages, they will likely need to rely on a forensic economist to establish their loss of earnings as well.
Speak With an Experienced Attorney in Syracuse, Rochester, or Upstate New YorkWhen a healthcare provider fails to provide sufficient care, it often results in significant harm. If you were injured by medical malpractice, it is prudent to speak with an attorney regarding your rights. The experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers have the knowledge and resources needed to help you set forth effective arguments, and we will work tirelessly to help you establish that your healthcare provider owes you compensation. Our primary office is in Syracuse, and we regularly represent parties in medical malpractice cases in Syracuse, Rochester, and other cities throughout Upstate New York. You can reach us through our form online or by calling 833-200-2000 to set up a free and confidential consultation.