Medical malpractice occurs when a healthcare professional fails to provide care that meets accepted medical standards, resulting in patient harm. Under New York medical malpractice law, you must establish four essential elements:
Duty of care: A doctor-patient relationship existed, creating an obligation to provide competent treatment
Breach of standard of care: The medical provider’s actions fell below what a reasonably competent professional in the same specialty would have done
Causation: The breach directly caused your injury or worsened your condition
Damages: You suffered quantifiable harm, including medical expenses, lost wages, or pain and suffering
Medical negligence can occur in any healthcare setting—hospitals, outpatient clinics, nursing homes, or private practices. Whether you experienced surgical malpractice, a delayed diagnosis, or medication errors, the core question remains: did your healthcare provider’s actions deviate from what the medical profession considers acceptable?