Liability in The Bronx Medical Malpractice Claims

Medical malpractice can alter the course of your life. You can have long-term limitations and challenges related to the damages you sustained, not to mention the high cost of treatment that can follow a devastating medical malpractice accident. Establishing liability in medical malpractice claims in the Bronx is an essential part of the process. Many individuals and entities can bear liability for medical malpractice, including doctors, nurses, and medical facilities. A dedicated lawyer could help you navigate the complex elements of a medical malpractice claim as you pursue compensation.

Establishing the Doctor/Patient Relationship

As part of establishing liability in medical malpractice claims, the injured individual needs to show that a doctor/patient relationship existed. That relationship establishes the provider’s duty of care to the patient and shows that the patient had the right to expect a high standard of care from that medical practitioner. Other medical providers who may have encountered the patient in the course of their treatment may not have a duty of care to that patient and, therefore, may not bear liability for their injuries.

Deviation from the Standard of Care

In most types of medical treatment, doctors have a heightened standard of care they must adhere to. That may include:

• Properly diagnosing the patient based on the symptoms presented, including listening to what the patient has to say about their symptoms and their ongoing needs
• Providing the recommended course of treatment for a specific illness, injury, or condition
• Exercising adequate sanitary precautions
• Avoiding surgical errors
• Keeping track of the treatment a patient has received, the medication the patient takes, and any other relevant information about their care needs

When a doctor or medical provider deviates from the standard of care, it can cause devastating injury to a patient, thereby increasing the time they need to recover from their injury or illness and creating additional complications that the patient has to deal with. Often, lawyers bring in expert witnesses to discuss the standard of care for the patient’s injuries or illness and show how the medical provider deviated from that standard.

Showing Causation for Medical Malpractice Injuries

In order to establish causation in medical malpractice cases, a Bronx lawyer will need to show the patient suffered damages as a result of the medical provider’s negligence. Sometimes, a provider can treat a patient negligently, but the patient may not suffer direct damages as a result of the incident. In other cases, a patient may suffer injuries that have nothing to do with the medical provider’s negligence. Establishing the causal link between the doctor’s negligence and the damages suffered by the patient is essential.

Reach Out to a Bronx Attorney to Discuss Liability in Medical Malpractice Claims

Liability in The Bronx medical malpractice claims can prove complicated. A lawyer may have to examine the medical providers who interacted directly with the patient, as well as any medical equipment used in the course of the patient’s treatment, the hospital or facility where care took place, and other factors that contributed to the patient’s injuries. If you suffered injuries due to medical malpractice, reach out to Duffy & Duffy, PLLC to discuss who is likely liable for your damages and how you can pursue compensation.