A Medical Malpractice Under Wrongful Death Attorney in Bronx, NY

by | May 23, 2016 | Lawyers

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In New York, patients are protected under state and federal laws that require all medical doctors to provide a higher quality of health care for all the patients they treat. Any failure to comply with these laws could present a medical malpractice. When these failures cause a fatality, a wrongful death attorney Bronx, NY represents the family of these victims.

Identifying the Doctor’s Negligence

In the medical field, negligence relates to a failure to provide reasonable care for the patients. These failures often equate to the exact choices made by the doctors themselves, which could equate to personal opinions or views instead of the most effective strategies to treat the patient. To prove negligence, the attorney must make a distinction between a personal opinion and documented medical evidence that supports the chosen action.

A Medical Witness

Medical malpractice cases require a doctor with the exact same credentials as the defendant. This doctor provides testimony about the treatment provided by the defendant. They must show where the error or ineffective choice occurred and how it impacted the victim’s health causing their death.

Forensic Testing and Autopsy Report

Forensic testing determines if the doctor’s actions caused the fatality. During the tests, technicians follow the exact steps used by the doctor. They evaluate alternative courses of action if these steps don’t produce a fatality.

An autopsy is conducted for the victim to identify the exact cause of death. The forensic doctor who performed the autopsy testifies to their findings. The doctor isn’t liable if the findings don’t establish a connection to their choices or actions.

Punitive Damages and Revoking the Doctor’s License

Punitive damages are assigned as a form of punishment. The court defines the value assigned for these damages based on tort laws. Additionally, the doctor could lose their medical license.

In New York, laws pertaining to high-quality health care are enforced. Any doctor that doesn’t present this level of care could face a medical malpractice lawsuit. If their actions or choices lead to a fatality, they could face a wrongful death claim. The families of medical malpractice victims should contact a wrongful death attorney Bronx, NY.

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