Medical malpractice is committed when a doctor’s care deviates from the standard of care prevailing in the community at the time the care is rendered. Since the standard of care can only be established by a doctor, you must obtain the opinion of a medical professional to support a medical malpractice claim. In fact, in New York an attorney who sues a medical malpractice case must certify that he or she has obtained a favorable opinion from a medical expert.
However, it is not enough to establish that a doctor was negligent. In order to obtain money damages in a suit against a doctor you must also show, through expert testimony, that the doctor’s negligence caused you to sustain specific injury. Many medical malpractice cases hinge on the proximate cause question: Would the outcome have been different if the doctor had not committed the negligent act? Would the cancer have been curable, or at least more treatable, if it had been properly diagnosed and promptly treated by the defendant doctor? What were the consequences of the delay in making the correct diagnoses?
At the Laucello Law Firm we will evaluate your case free of charge. Call Mr. Laucello, attorney at law at 1 (800) 283-5297 for a free consultation.