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How To Prove Medical Malpractice In New York

Medical malpractice cases hinge on the ability to demonstrate that a healthcare professional’s negligence led to harm or injury. Proving negligence in these cases is a complex process that requires demonstrating the following four elements.

Duty of Care

The foundation of a medical malpractice case is establishing that the defendant (at-fault healthcare professional) owed a duty of care to the plaintiff (patient). This duty is based on the recognized standards of care applicable to the specific medical situation. It is essential to demonstrate that the healthcare provider had a responsibility to provide competent and appropriate care to the patient, which can be done with medical records, witness statements, and other types of documentation.

Breach of Duty of Care

To prove negligence, it must be shown that the healthcare professional breached the standard of care expected in their field. This involves comparing the defendant’s actions to what a reasonably competent and skilled professional would have done under similar circumstances. Expert testimony from qualified medical professionals is often crucial in establishing whether a breach occurred.


Causation is a pivotal element and requires establishing a direct link between the healthcare provider’s breach of the standard of care and the harm suffered by the patient. In other words, the patient would not have been injured if not for the medical provider’s incompetent decision(s) or treatment. This can be a complex aspect of the case, often requiring expert medical testimony to demonstrate what the standard of care was in your case, how it was deviated from, and that negligence was a substantial factor in causing the injury.


The plaintiff must have suffered damages as a result of the defendant’s negligence. This includes physical injuries, emotional distress, financial losses, and any other harm resulting from the negligence. Thorough documentation, including medical records, photographs, pay stubs, testimony from friends and family, and expert opinions, strengthens the case by providing clear evidence of the impact on the patient’s life.

The Violation of Standard of Care

Grounds for a medical malpractice claim depend on the ability to substantiate a breach of the standard of care. This critical element involves demonstrating that the healthcare professional failed to meet the recognized standards of competence and skill expected within their field. Whether in diagnosis, treatment, surgery, or overall patient care, the plaintiff must establish that the medical provider’s actions deviated from what a reasonably competent and skilled professional would have done under similar circumstances. This deviation is the key to a medical malpractice claim and often necessitates expert testimony to explain the established standards of care and illustrate how the healthcare provider’s actions fell short. The strength of a medical malpractice claim rests on the ability to convincingly prove this breach, highlighting the significance of thorough documentation, expert opinions, and legal counsel in building a compelling case.

Speak To a White Plains Medical Malpractice Attorney Today

Proving negligence in a medical malpractice case can be very challenging without a skilled and trusted White Plains medical malpractice lawyer. They can help ensure you recover the compensation that you deserve. Contact us today.