Kingston Medical Malpractice Law Firm Video Frequently Asked Questions

What is the standard for a medical malpractice case?

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Video Transcription

Legally in New York State, to institute a medical malpractice case, you need to confirm that the patient has suffered a “deviation” from good and accepted practice. And I use the word “deviation” with quotes around it, because that means that a doctor of the same caliber of the same practice would not have done what this doctor did. The doctor who committed the malpractice fell below the standard of care.

In order to initiate a medical malpractice litigation in New York State, it is required that the attorney contact a doctor who does the same specialty, whatever it is, and have the file reviewed by them. Have the medical records reviewed, and understand what happened.

We are not permitted to sue a medial malpractice case in New York State without having that expert opinion advising us that they also believe that there was a deviation from good and accepted practice.

It’s a fairly high standard and not all states require it. New York State does require it, and they’ve required it for over thirty years now.