How Do Lawyers Prove Medical Malpractice Cases?

In order to win a medical malpractice case in certain states including New York, an attorney must submit evidence to the jury at the time of trial that speaks to the four prerequisite elements.  These elements are duty, breach of duty, causation, and damages.

The arguments and the evidence that the plaintiff’s attorney submits has to prove to the jury to 50.1 % or preponderance of the evidence that their argument is better than the defendant’s argument.  Most of the work  gets done before the trial ever begins to make a successful malpractice case.  A successful malpractice case can be summarized in a single word. Preparation.

Preparation begins from the time the client first walks into the office.  It can be seen in the way the client is spoken to and supported, and how  information is obtained.  Preparation includes getting the medical records, reviewing the medical records, and working alongside Dr. Nayers so we can go over the medical records and make sure that we have left no stone unturned. It also means focusing on duty, breach of duty, medical literature, causation, and talking to the client to make sure that we understand what the injury really is and how this devastating malpractice has affected their lives. This also has to be done for effective presentation at the time of trial.  Our clients can rest assured that by the time the trial comes, their case will have been examined and put into a perspective that the client will feel represents their case and injury, and what we hope will be a successful recovery.

If you think you have a medical malpractice case that we can help you with, please call.

This blog was provided by Marc Chase, one of our experienced Brooklyn medical malpractice lawyers.

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