What are the laws regarding doctor lawsuits in New York State? I think I was caused permanent injury because a doctor diagnosed and treated me incorrectly. Do I have any options?
What are the laws regarding doctor lawsuits in New York?
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Answer: (1)
New York medical malpractice laws allow for an injured patient to file a lawsuit against a doctor or hospital, if the patients injury was a direct result of negligent medical treatment. In order to have a valid case, your medical malpractice lawyer will need to show, using an expert medical witness, the following things:
Negligence
Medical Negligence is defined as an act or omission in treatment by a medical professional which deviates from the accepted standard of care.
Patient Injury
The patient must have suffered some type of injury, or damages, for which the medical malpractice lawsuit will seek monetary compensation
Causation
Your lawyer will need to prove that the doctors negligence directly contributed to the patients damages.
Once all these elements have been established, you can file the medical malpractice lawsuit in New York, provided that is the state in which the negligence took place.
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Posted by Staff Writer on 21 Jan 2010