What Were Standards of Medical Care?
NY Medical Malpractice Attorney Gerry Oginski Explains
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516-487-8207
Email: Gerry@Oginski-Law.com
In every medical malpractice case here in New York, we are required to have medical experts confirm that there were violations from the basic standards of medical care.
Those experts must confirm not only that they were departures from good medical practice, but that the violations from the standard of care was a substantial factor in causing injury.
Then, we must also confirm that the injury is significant and/or permanent.
Without having a medical expert come in and testify at trial about each of the elements mentioned above, the defense will ask the judge to throw out our case.
The judge would be well within his right to dismiss our case if we were unable to put on medical experts to confirm that (1) there was wrongdoing, (2) that the wrongdoing caused injury and (3) the injuries are significant or permanent.
How does the jury know what the standards of care are and what good medical practice required?
The jury must rely on the different medical experts who come and testify.
In every medical malpractice case New York where we claim that a doctor or hospital staff violated the basic standards of medical care, there will always be competing experts who testify. That means that the injured victim will retain and hire qualified medical experts to argue that there were violations from the standard of care.
Likewise, the defense will also hire medical experts to argue that the doctor and the hospital treated the patient in accordance with good and accepted medical practice.
It then becomes a question of credibility for the jury to determine and evaluate who is more likely right than wrong.
If the jury determines that the injured victim is more likely right than wrong that what we are claiming is true... that the doctor and hospital violated its standards of care that resulted in injury, then they are required to compensate the injured victim.
Watch the video to learn more...
Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: [ Ссылка ]
Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: [ Ссылка ]
To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website, [ Ссылка ].
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021
516-487-8207
Email: Gerry@Oginski-Law.com
