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The Basic Elements of a Rochester Medical Malpractice Claim

stethoscopeWhen you go see a doctor or another medical professional, you expect competent care. When medical professionals are careless or make a mistake, the consequences can be devastating for the patient. If you or someone close to you has been harmed by medical malpractice, it is important to reach out to a Rochester medical malpractice attorney who can assess the merits of your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to helping our clients pursue the compensation they deserve for their harm.

Unfortunately, medical malpractice is common in New York and throughout the United States. The Journal of the American Medical Association (JAMA) reports that medical mistakes are the third-leading cause of deaths in the United States, behind heart disease and cancer. Moreover, JAMA found that medical mistakes cause 250,000 deaths annually across the country.

Medical malpractice is a broad term that may encompass a wide range of actions or omissions by a medical provider. In other words, medical malpractice occurs through any act or omission by a medical professional during the treatment of a patient that deviates from the accepted norms of practice in the medical community and causes an injury to the patient. In order to establish medical malpractice, the injured patient must prove the following elements:

  1. Duty – the patient needs to show that the medical professional accused of malpractice owed the patient a duty of care. This is typically quite easy to show because the patient can point to the existence of a doctor/patient relationship.
  2. Breach – the patient must show that the medical professional breached the duty of care owed to the patient. This typically involves showing that the medical professional did not act in a way that a reasonably prudent medical professional in the same speciality would have acted in the same situation.
  3. Causation – the patient must show that the medical professional’s breach was a direct cause of his or her injury.
  4. Damage – lastly, the patient must show that he or she suffered quantifiable damages (i.e., a medical injury that required ongoing treatment) as a result.

It is important to note that when it comes to establishing a breach, medical malpractice cases typically require expert testimony. The expert witness is most often a medical professional in the same type of medical field as the defendant. For example, if the medical malpractice case is against an OBGYN, the expert witness will be an OBGYN who will explain whether the defendant failed to meet the expected standard of care, given the circumstances.

If you or someone close to you has been injured due to the negligence of a medical professional, it is imperative that you retain an experienced law firm to handle your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys understand how to navigate these types of claims and will put our knowledge to use in your case. With years of experience, we know how to provide aggressive yet compassionate representation at every step of the way. To speak to us in detail about your case, do not delay in calling us at 315-479-9000 or contacting us online.

More Blog Posts:

New York Appeals Court Rules that Psychiatric Malpractice Claim Cannot be Dismissed Because of Procedural Technicality, Rochester Medical Malpractice and Personal Injury Blog, November 28, 2017

Couples Sue New York Fertility Clinic Over Eggs With Genetic Defect, Rochester Medical Malpractice and Personal Injury Blog, November 22, 2017

New York Jury Rules in Favor of Plaintiff in Birth Injury Claim Against a Brooklyn Medical Center, Rochester Medical Malpractice and Personal Injury Blog, November 15, 2017

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