How To Prove Medical Malpractice

New York holding medical records, misdiagnosing patient

Medical malpractice happens when a health care provider, such as a doctor or nurse, injures a patient through their negligent actions or inactions. If you have been injured due to the negligence of a doctor or another health care provider in New York, you may be able to file a medical malpractice claim. The aim of this blog is to explain how to prove medical malpractice in New York.

If you believe that negligence was the cause of your injuries, you should discuss your case with a skilled and experienced New York medical malpractice lawyer. The medical malpractice attorneys at Finz & Finz, P.C. can let you know if you have a viable claim and, if so, the types of compensation you might be entitled to. Call today at 855-TOP-FIRM for a free and confidential consultation.

Types of Medical Malpractice

Before we discuss how to prove medical malpractice in New York, it’s important to understand what can constitute medical malpractice. Some of the most common types of medical malpractice include:


A misdiagnosis occurs when a doctor looks at the patient but fails to correctly diagnose the condition. The doctor may conclude that the patient has no illness when they actually do, or they may diagnose them with a condition they do not have.

Delayed Diagnosis

Delayed diagnosis happens when a doctor makes an incorrect diagnosis at first before the patient receives the right diagnosis. Delayed diagnosis allows the disease to get worse because the patient does not receive proper medical treatment.

Failure to Treat

Failure to test happens when a physician comes up with the correct diagnosis but fails to deliver the proper treatment. They could also fail to provide follow-up care or fail to refer them to the right specialist.

Medication Errors

Doctors can be held accountable for a mistake in prescribing medication. Sometimes prescription medication errors are associated with a misdiagnosis because the doctor may prescribe a drug for a condition that was incorrectly diagnosed.

Surgical Errors

While all surgeries carry some risk, surgical errors are preventable errors that go significantly beyond the known risks.

Birth Injury

A birth injury occurs when a doctor’s negligence leads to harm to a baby or mother. This malpractice could happen after childbirth, before birth, or during labor.

Defective Medical Devices

Defective medical devices can pose a threat to patients. When medical equipment does not work as intended or is improperly used, it can cause serious harm to a patient. Defective medical devices may include implanted devices that cause an infection or devices that were improperly placed. Doctors can be held responsible for knowingly using a defective medical device.

Proving Negligence in Malpractice Cases

There are four main ways that lawyers prove negligence in medical malpractice cases: establishing the doctor-patient relationship, demonstrating the doctor was negligent, showing the connection between the doctor’s negligence and the injury caused, and demonstrating the negligence caused damage.

Establishing the Doctor-Patient Relationship

You first need to show the existence of a provider-patient relationship, which gives rise to the health care provider’s duty to provide you with competent medical care. If a doctor treated you through explicit agreement or if the care was actually provided absent an agreement, the provider-patient relationship was in place.

Demonstrating the Doctor was Negligent

Just because you are unsatisfied with the results of your medical treatment does not mean your doctor is liable for malpractice. Your health care provider must have been negligent in regard to your treatment. In order to file a lawsuit for medical malpractice, you must show the doctor caused your injury or harm in a way that a competent doctor, given the circumstances, would not have.

Showing the Negligence Caused an Injury

After it is established that the health care provider had a duty and was negligent in performing that duty, your lawyer must be able to show that the doctor’s conduct caused the injury. Typically, the causal connection is established by showing that the patient’s health got worse because of the doctor’s negligence. Sometimes, a doctor’s error can result in complications or create new health issues that require additional treatment.

An experienced New York medical malpractice attorney will uncover evidence to show a connection between your doctor’s negligence and your injuries. Sometimes clear causation of injuries exists. For instance, if your surgeon removed your pancreas instead of your spleen. In other cases, connecting the physician’s breach of duty to your injury is more challenging.

Demonstrating the Negligence Caused Damage

You must prove the injuries you suffered because of the medical negligence and malpractice caused damages. Damages often include medical bills and lost income that you would not have had had if not for the injury. Medical malpractice damages consist of any injuries or harms caused by negligence or recklessness, including:

  • Further medical treatment
  • Hospital bills
  • Physical therapy
  • Lost wages
  • Pain and suffering

Contact a New York Medical Malpractice Lawyer

At Finz & Finz, P.C., our highly skilled New York medical malpractice attorneys have experience handling all types of medical malpractice claims. Whether you are misdiagnosed, prescribed a harmful drug, or injured from surgery, you may be eligible for compensation. No matter the type of medical malpractice claim you are facing, we have likely successfully helped others with a similar claim. Allow us to fight tirelessly for the maximum compensation you need and deserve as we hold the medical professionals accountable for their negligence.

Many New Yorkers who believe they have been victims of malpractice don’t know where to turn. The first step is to meet with an experienced New York medical malpractice lawyer. A skilled and compassionate attorney will be able to determine if you have a viable case. Call Finz & Finz, P.C. now at 855-TOP-FIRM to schedule a free and confidential consultation.

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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.