Proving Fault in Medical Malpractice Cases

New York medical malpractice lawyerMedical malpractice represents more than just a breach in the relationship between doctor and patient. It represents harm being done by someone who had sworn never to cause harm. The victims of medical malpractice are, tragically, people who had entrusted their health and their lives to the medical professional who had sworn that oath.

Although it may seem as though this breach in the doctor-patient relationship is self-evident, most medical malpractice cases are quite complex. Proving fault in medical malpractice cases requires meticulous investigation and collection of evidence, as well as testimony by experienced and trustworthy medical experts. At the law firm of Levine & Slavit in Long Island, medical malpractice claims are handled by some of the most experienced and skilled personal injury attorneys in the nation. If you or a member of your family has been harmed by medical malpractice, we will fight to expose and prove the responsible party’s fault for your suffering, losses, and expenses.

Building the Strongest Medical Malpractice Case Possible

In order to show that a healthcare provider was at fault, our medical malpractice attorneysmust be able to collect the most compelling evidence available and integrate it into a solid, logical argument that will hold up under the scrutiny of a jury, if the case proceeds to trial. In many cases, we are able to build strong enough cases to force a settlement before a trial becomes necessary; however, we are always prepared to try cases to verdict when it is in the best interests of our clients.

In medical malpractice litigation, Perry Mason-like “a-ha” evidence is rare, and is almost never necessary to a successful case. We work with esteemed experts in medicine to review the victim’s charts, medical history, and the circumstances surrounding the victim’s injury. Based on the evidence collected and the testimony of these experts, we then demonstrate that the physician, surgeon, nurse, or other healthcare provider in question:

  • Overlooked or misinterpreted symptoms that would have led a reasonably competent peer to arrive at the correct diagnosis of a condition, or at least the consideration of that diagnosis.
  • Prescribed the wrong medication or the incorrect dosage of the appropriate medication.
  • Committed a mistake during surgery that jeopardized the patient’s health or life.
  • Did not take into account the patient’s medical history when deciding upon a course of treatment that otherwise would have been ruled out as a possibility.
  • Failed to act altogether or in a sufficiently timely manner compared to how a reasonably competent peer would act under the same circumstances.

At Levine & Slavit, we will take strong, decisive legal action against any and all parties responsible for injuries sustained by our clients, whether a single doctor is at fault or an entire hospital.

Contact the Law Firm of Levine & Slavit

To learn more about how fault is proven in medical malpractice cases, or to schedule an evaluation of your potential medical malpractice claim, please contact the personal injury and medical malpractice attorneys of Levine & Slavit today.

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