Expert Testimony in Medical Malpractice Cases
When people seek medical treatment, they rightfully expect professional care that will improve their health, not worsen it. Unfortunately, though, in some instances, the care offered by negligent practitioners leads to injuries or illnesses, and people who suffer harm at the hands of their treatment providers will consider pursuing medical malpractice claims to seek compensation for their suffering. Cases against healthcare providers in New York, just like in any other jurisdiction, are complex and require in-depth knowledge of the law and the ability to present compelling evidence. For example, expert testimony in medical malpractice cases is generally required to prove both damages and liability.
If you've suffered harm due to the negligence of a healthcare provider, it's essential to consult with experienced attorneys who can assess your case and help you seek the best possible outcome. The proficient Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers have the experience needed to help you seek the best legal outcome available. We regularly represent people in medical malpractice cases in Syracuse, where our primary office is located, as well as in Rochester and other cities in Upstate New York.Proving Medical Malpractice Under New York Law
The majority of medical malpractice claims arise out of careless conduct rather than intentional harm. As such, most plaintiffs in medical malpractice cases will assert a negligence claim against the defendants. In New York, establishing negligence requires the plaintiff to demonstrate that the defendant owed the plaintiff a duty. Generally, a doctor's responsibility to a patient is to provide treatment that aligns with the accepted and good standard of medical practice within the relevant community. The plaintiff then must show that the defendant departed from the standard, which constitutes a breach of the duty. Finally, the plaintiff needs to show that they suffered actual damages and must link their losses to the defendant’s breach of the standard of care.Expert Testimony in Medical Malpractice Cases in New York
Medical malpractice cases often revolve around healthcare procedures and treatments. Given the complexity of these cases, it's common for plaintiffs to rely on expert testimony to help establish the medical standards accepted within the community and demonstrate the defendant's deviation from the standard.
The accepted medical standard in a medical malpractice case is defined as the level of care that a competent healthcare provider in the same specialty, with similar skills and experience, would provide under the same circumstances. Expert witnesses are crucial to establish the accepted standard of care, as they explain to the jury what a reasonable provider would have done given the facts of the case. Additionally, experts testify about how the defendant's actions or inactions led to the plaintiff's harm.
Expert testimony also plays a pivotal role in quantifying damages. For example, experts can project the necessary future medical treatments and their associated costs, which can help the judge or jury determine the appropriate compensation. Furthermore, economists may be consulted to assess lost wages and future earning capacity. Both plaintiffs and defendants typically enlist their own experts to present their respective cases, making the credibility of these witnesses paramount in determining the lawsuit's outcome.
In New York, only people who possess the requisite training and experience are deemed qualified to serve as expert witnesses in medical malpractice cases. Certain individuals are prohibited from testifying as experts, regardless of their qualifications, however. This includes parties involved in the case, their partners, employees, and anyone with a financial interest in the case's outcome.Talk to a Dedicated Attorney Aiding People in Syracuse, Rochester, and Upstate New York in the Pursuit of Damages
Medical malpractice can result in severe and enduring harm, both physically and financially. If you have been a victim of medical malpractice in New York or the surrounding areas, it is crucial to retain an attorney who can navigate the complexities of your cases and secure the necessary expert testimony to support your claims. The dedicated Syracuse attorneys of DeFrancisco & Falgiatano Personal Injury Lawyer understand the harm caused by preventable medical errors, and if we represent you, we will fight tirelessly to help you seek justice. We frequently represent people in medical malpractice cases in Syracuse, where our main office is located, and in Rochester and other cities throughout Upstate New York. You can reach us through our form online or by calling 833-200-2000 to set up a free and confidential meeting.