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Court of Appeals Reverses Because Expert Opinion did not Sufficiently Establish Causation

Medical malpractice cases can be extremely complicated and overwhelming. If you believe that you or a loved one has suffered harm because of a medical professional’s negligence, you might be able to recover compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our highly skilled Rochester medical malpractice attorneys will vigorously pursue meritorious claims and hold careless medical professionals responsible for their conduct.

The 1st District Court of Appeals in Texas recently remanded a medical malpractice lawsuit back to a lower court because it was found that the medical expert opinion did not meet statutory requirements. In 2015, a man hurt his shoulder in a motorcycle wreck and had a procedure to correct the injury. A few days later, the patient went to the doctor complaining about severe pain and swelling and was diagnosed with an infection. The doctor performed a few more procedures. The patient later sued the doctor for malpractice. The defendant doctor claimed that the plaintiff’s lawsuit did not demonstrate how the breach of the standard of care was the direct cause of the patient’s injury, thus the lawsuit should be dismissed. The court agreed and remanded the case.

Compensation for Malpractice-Related Injuries

Medical malpractice cases in New York cover a wide range of mistakes on the part of a medical professional, including physicians, nurses, psychiatrists, podiatrists or hospitals. When a medical professional is determined to be legally accountable for injuring a patient, that medical professional is liable for a variety of damages such as medical expenses, future medical expenses, lost wages, pain and suffering, mental anguish and more.

Establishing Medical Malpractice in New York 

Before any damages can be recovered, however, medical malpractice must be established. Medical malpractice takes place when a medical professional’s failure to adhere to the generally accepted standard of care causes patient injury or harm. The generally accepted standard of care refers to the level of care that a reasonably competent medical professional would have used in the same or similar circumstances. Establishing causation is one of the most important aspects of a medical malpractice case. You must show that medical professional’s deviation from the standard of care was the direct and proximate cause of your injury. In other words, you need to show that if a competent medical professional had provided the appropriate standard of care, you would not have suffered the harm that you did. Failure to establish causation can lead to your case being dismissed.

Trusted Rochester Medical Malpractice Lawyers

Dealing with a medical injury can be very stressful but you don’t have to face it alone. If you have suffered as a result of an inadequate or negligent medical professional, you may be entitled to compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Rochester medical malpractice attorneys are committed to protecting the rights of our clients every step of the way. To schedule a complimentary case evaluation, please call us at 315-479-9000 or contact us online.

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