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The challenges of proving medical malpractice

On Behalf of | Feb 22, 2022 | Medical Malpractice

Although hospitals in New York have guidelines in place to prevent patient harm, injury-causing mistakes happen. When a patient comes to harm due to a medical professional’s negligence, they might consider filing a medical malpractice lawsuit.

Types of medical harm

Because most medicine focuses on the body, the most common types of medical malpractice injuries are physical. Accidents during surgery can result in chronic pain, a loss of function or death. Dealing only with physical consequences simplifies the claim process.

However, other types of harm also stem from medical mistakes. A patient who can no longer walk may lose their source of income. Chronic pain can lead to mental anguish and depression, and recovering from a medical mistake may require further interventions that generate extra medical costs. All of these ancillary types of harm can be part of a medical malpractice suit.

Establishing a direct connection

The greatest challenge of a malpractice lawsuit is establishing a strong connection between a doctor’s negligence and the harmful consequences. In court, the patient must demonstrate that the harm was a direct result of improper care. The injuries they received would not have happened had they seen a different professional.

Often, when people go to a doctor, they are already sick. Before surgical procedures, patients sign a waiver that indicates they understand the potential negative side effects of their operation. A doctor may claim that negative results were a known risk of the necessary treatment or a consequence of their pre-existing illness.

Situations that require medical care can be stressful enough without worrying about potential mistakes. When possible, you should research the reputation of physicians before you seek treatment. However, if injuries happen while under a doctor’s care, there are steps you can take to seek recompense.