In a medical malpractice case in New York, where you believe the doctor has violated the basic standards of medical care, how many violations or departures can you claim in your case?
No Set Limit on the Amount of Violations of Standards of Medical Care You can Claim
When you initiate a lawsuit, claiming your doctor violated the basic standards of medical care, you are mainly claiming that the doctor was careless and negligent. However, is there a limit to how many violations of standard of care you can claim in your case? The answer is no, there is no set or definable amount of the number of violations you can claim. However, at the same time, you do not want to say that everything that the doctor did violated the standard of medical care. Unless of course, the doctor actually did everything wrong.
You do not want to confuse the jury. If you know you have the doctor on a couple of items, that should be enough for you to obtain the compensation you covet and deserve.
Doctor Violating All Standards Highly Unlikely
In many of the medical malpractice cases, you will find that the doctors in fact treated the patients appropriately some of the time when they were caring for them. However, there was a specific definable period of time, in which the doctors failed to do something that was required or did something that was inappropriate.
Therefore, in your case, your medical expert has to detect and confirm each one of these violations, and then your lawyer can itemize these violations when you initiate the lawsuit. This itemized list will be mentioned in a document called the bill of particulars. This document actually itemizes and details what the violations were and what the departures from standards of care were.
Your Medical Malpractice Case has to be Analyzed and Confirmed by a Medical Expert
When you consider filing a medical malpractice case, initially, your lawyer will have to get your case reviewed by a medical expert. In fact, this is a legal requirement, and you cannot file a medical malpractice case unless a medical expert has confirmed you have a genuine case and it is worth the court's time to pursue. This expert will analyze your medical records and study the facts of your case to see whether the doctor can be held liable for what he has done, whether that act of the doctor caused you injuries, and whether such injuries are significant or permanent.
While analyzing the liability of the doctor, the expert will try to find out in which instances the doctor was negligent or careless. This means the expert will be listing the instances where there was a departure from the basic standards of medical care that caused your injuries.
A Low Strong Number is most Likely the Course You will Take
Based on this understanding, you can allege any amount of violations of standard of medical care, and there is no set limit. Nevertheless, it would be highly unusual for an attorney to go into court and claim that the doctor violated 50 different standards of medical care. This harkens back to what was mentioned above. Typically, it would be 2 to 4 violations, or at the most five violations, and in very rare cases even more. The number of violations you claim will mainly depend on the report of the medical expert reviewing and confirming your case.
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