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4 Steps to Proving Medical Malpractice Claims December 10, 2018

Westchester Village, Bronx
4 Steps to Proving Medical Malpractice Claims, Bronx, New York

Most health care workers strive to provide the best care possible, but a single mistake can have dramatic consequences and impact the rest of your life. With the services of a medical malpractice attorney, you can hold doctors, medical staff, and hospitals responsible for damages caused by negligence. Below are the steps to proving liability for a medical malpractice claim.

4 Elements of Proving Liability for Medical Malpractice

1. A Doctor-Patient Relationship

The first step is also the easiest. You must establish that you were a patient of the doctor or hospital. Medical records or signed agreements are usually sufficient to prove the existence of a doctor-patient relationship.

2. Negligence by Medical Professionalsmedical malpractice attorney

To prove negligence, your medical malpractice attorney must show that the care you received didn’t meet the standard of what other reasonable professionals would have provided. Proving this element usually requires testimony from other doctors willing to serve as expert witnesses.

3. A Causal Link Between the Negligence & the Injuries

In some cases, doctors claim that patients would have experienced a negative outcome regardless of negligent actions on the part of medical staff. To collect compensation, your medical malpractice attorney will have to establish a clear link between the poor care you received and your injuries.

4. Actual Damages

To pursue any personal injury claim, you must show that the negligence resulted in additional medical expenses and lost work. Your injury attorney will calculate the full extent of your losses, including your lost wages, medical bills, and emotional trauma.


Since 1987, the medical malpractice attorneys at Pena & Kahn, PLLC have been providing expert representation to victims injured by negligent health care workers in the Tri-State Area. If you’ve suffered at the hands of a careless doctor or nurse, their team will fight for the compensation you deserve. They’re also experienced in several other areas of law. Their offices are conveniently located in the Bronx and Jackson Heights, NY. Visit their website to learn more about their medical malpractice expertise, follow their Twitter for updates, or call (718) 585-6551 to schedule a consultation.

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