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Shakhnevich Law Group

Medical Malpractice



Medical Malpractice - Best Personal Injury Attorney, NY & NJ

A claim for medical malpractice arises when a person suffers injury at the hands of a doctor or a healthcare provider. However, not all negative consequences of medical treatment give rise a medical malpractice claim. Rather, it must be proven that, in rendering medical treatment (1) the physician violated a standard of medical care, and (2) that the physician’s violation was the proximate cause of making her or her patient’s condition worse.


Both of the above elements must be proven in order to recover compensation. Thus, a doctor’s error is not, in and of itself, enough to bring a lawsuit. The error must be of such nature that it amounts to a departure from the accepted standard of medical care by similar physicians in the community. The question is whether a reasonable physician if confronted with the same circumstances in treating a patient, would act the same. If the answer is “yes”, there can be no claim. If the answer is “no”, there may be a claim provided that the second element of satisfied - the element of “proximate cause” described above. In other words, if a physician committed an unreasonable error, but the outcome of treatment would have been the same, there can be no claim. If, however, the outcome would have been different but for that error, a person may have grounds to bring a medical malpractice lawsuit.


The law requires attorneys to thoroughly investigate every medical malpractice claim before filing a lawsuit on behalf of his or her client. In particular, a medical malpractice attorney is required to consult with an independent expert physician. That expert physician will form an opinion as to whether grounds exist to bring a lawsuit. The attorney is then obligated to certify to the court that the requirement of consulting with an independent expert has been met.


In addition, a medical malpractice lawsuit follows a unique procedural pattern in the court system. The time limit to file a claim is generally shorter for medical malpractice cases than for other types of injury cases.


Here are a few examples of frequently asked questions we encounter in our day-to-day practice:


Do I Have a Case?

You might be wondering how you’d know if you have a case or how you’d go about proving it. Our attorneys are well-versed in identifying instances of medical malpractice and achieving favorable results for our clients. We’re happy to review your incident in a free, no-obligation case evaluation and let you know if you have a claim for compensation.


Keep in mind that every civil claim, including those involving medical malpractice, has a statute of limitations. You must file a claim within a certain period from when the incident occurred. Every state has its own deadlines, so it’s important that you reach out to an attorney as quickly as possible. 


How Is Medical Malpractice Proven?
  1. To demonstrate medical malpractice, the patient must show that the healthcare provider acted negligently and that the negligence directly caused them harm. Generally, there are a few elements that go into proving this. They are:

    • → Duty of Care: The medical professional must have owed a duty of care to the patient, that is, they were responsible for treating the patient within the accepted standards of care.

    • → Breach of Duty: The physician must have violated their duty to the patient.

    • → Causation: The patient must prove that the breach of duty was directly responsible for their injury.

    • → Damages: The injury must have caused economic or non-economic damages. For example, the patient may have incurred additional medical bills or endured emotional suffering.


      What Damages Are Awarded in Medical Malpractice Cases?

      An injured patient or the family of a patient who has passed may be awarded damages for the harm caused by a negligent medical professional, hospital, or other party. These damages are intended to compensate the victim for losses they’ve suffered, and may include:

      • → Medical expenses: Medical expenses may cover hospital stays, doctor visits, physical therapy, prescription drugs, assistive devices, and other past and future costs associated with your injury.

      • → Lost Wages and Loss of Earning Capacity: If you’re forced to take time away from work to recover from your injury, you may be eligible to collect compensation for lost wages. If you’re unable to earn the same amount of money as you did prior to your injury, you may be awarded compensation for diminished earning capacity.

      • → Pain and Suffering: Pain and suffering damages are designed to compensate the victim for physical pain caused by their injury, as well as emotional distress (e.g., anxiety, fear, depression, and other mental suffering).

      • → Loss of Consortium: Surviving family members may be awarded compensation for the loss of aid, companionship, and other benefits of a family relationship.

      • → Other Damages: You may be awarded other various damages including loss of life’s enjoyment, disfigurement, and punitive damages (intended to punish severe negligence or recklessness).

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