New York lawyer Andrew Barovick serves as a partner with Alegria & Barovick LLP. Through his work, Andrew Barovick has become versed in medical malpractice cases.
Medical malpractice issues occur when a medical facility or practitioner does something damaging or mistaken to a patient. This mistake or omission in treatment can happen at any point in the process of treatment. It can be a misdiagnosis or a mistake during surgery. Proving medical malpractice depends on whether or not the patient can demonstrate that his or her physician breached the local standard of care for that particular medical niche.
Once proof of breach is established, the patient must show that the mistake caused some sort of damage. Examples include a wrongful amputation or procedure, damage after an operation, and treatment that exacerbated a medical condition. Without verified harm, it is impossible to prove a medical malpractice case in court.
Once proof is established, there needs to be direct causation, which is a link between the procedure and the injury. An eyewitness is also crucial to a patient’s testimony. Although malpractice cases are complex, it is possible to win one if your case is strong enough and has clear enough connections between the procedure and the damage.