New York Standard for Medical Malpractice

Medical Malpractice lawsuitIn any medical malpractice case, the plaintiff must prove health care practitioners breached the prevailing professional standard of care. This standard of care is based on what reasonable, prudent medical providers would have done in any given case, and varies from region to region.

In the past, medical malpractice law was founded on a highly-localized standard of care according to a specific community’s health care providers. Increasingly, jurisdictions have rejected the locality rule and have sought to apply the same standard of care across the medical profession, regardless of the limitations placed on a local health care provider by geography.

The standard of medical care in New York continues to work by the locality rule, which means a doctor is expected to have the skills and training of other physicians in their community. The locality rule makes allowances for the level of experience, training and access to medical resources that may be limited by living in a specific area, and can help juries distinguish between the facilities available for education in rural and urban areas. It protects doctors in rural communities from being held liable for a standard of care that they cannot reasonably provide. 

How is medical negligence established?

Medical negligence in New York is based on a number of factors:

  • Whether or not the doctor departed from the accepted standard of medical care
  • Whether or not the negative outcome suffered by a patient can be proven to be a result of the doctor’s negligence
  • Whether or not the patient can prove the doctor departed from the accepted standard of care

In a NY medical malpractice lawsuit, the burden of proof is on the patient. A doctor may not be held liable for medical negligence just because he or she chose an alternative – though accepted – treatment method. It is up to the patient and their attorney to prove that a negative outcome or injury was a direct result of a deviation from proper standard of medical care. In New York, it’s estimated that more than fifty percent of medical malpractice suits are lost by the patient.

Nonetheless, millions of dollars in court awards and settlements are paid out every year to people who have suffered as a result of medical negligence. If a provable medical mistake has led to injury, an attorney specializing in medical malpractice cases can establish liability and recover monetary damages for victims. 

File a NY medical malpractice lawsuit

If you or a loved one has been the victim of medical negligence in New York that resulted in significant or permanent injuries, contact the Sanders Firm today. Our team of legal professionals has more than 45 years experience specializing in medical malpractice litigation, and has secured dozens of multi-million dollar jury awards and settlements for our clients.

We understand the emotional and financial hardships you’re currently facing, and can help you secure compensation to pay for ongoing hospital bills, lost wages, emotional distress, and other losses. For a free case evaluation to determine your eligibility for filing a NY medical malpractice claim, please call us today at 1.800 FAIR PLAY (800.324.7752).