Proving Liability in Malpractice Cases
Not all medical mistakes are grounds for a lawsuit. Learn about which ones are.View transcript
MR. IRA SLAVIT: In a medical malpractice case, the big question is, did the injuries occur because it was a bad result or because the doctor failed to give his patient or her patient the benefit of the doctor's education, training and experience. The answer to that question can determine whether or not the claim is a viable claim. Malpractice is not a matter of second guessing a doctor who made a reasonable medical decision. Rather, malpractice is when a doctor fails to apply and use the standard of accepted medical practice in the community and departs from that. In evaluating a medical malpractice claim it is very important that the attorney evaluate the hospital records and the doctor's records. In New York state there's also a requirement that a certificate of merit be filed before or at the time a lawsuit is instituted, which requires obtaining an opinion from another physician that the case has merit. At Levine & Slavit, we have extensive experience in developing malpractice cases and we have the resources available to obtain the opinions that are necessary in order to institute a lawsuit and bring it to a successful conclusion.