How to Prove a Medical Professional's Breach of Duty Caused You Harm

April 4, 2023

When it comes to medical care, you want to feel like everything will be alright. But things can go wrong, and you may suffer a severe injury or illness due to a healthcare provider's mistake. To be able to sue for medical malpractice, you need to prove that a professional breached their duty of care to you. You must also prove that the breach of duty caused you harm.


When it comes to medical malpractice, intent is a crucial element. Malpractice happens when a doctor provides you with subpar care and injures you. It could be as simple as ordering a cheaper, less detailed test or refusing to give you a medication that can further damage your health. It is not a simple matter and must be specifically outlined in your Notice of Intent to ensure you have the best chance of proving your case.

Your Notice of Intent should also mention the other three elements required to file a claim. These include submitting a formal complaint, establishing that you were harmed by your healthcare provider's faulty or negligent actions and giving your provider a chance to respond to your claims within 182 days. There are several exceptions to the New York medical malpractice statute of Limitations, which usually gives victims 2.5 years, or 30 months, from the date of the injury to make a claim. When you file a lawsuit, your medical malpractice attorney Albany NY must prove that the doctor failed to provide the proper treatment based on the standard of care you deserve.


Medical negligence is when a doctor, surgeon, nurse, or other medical professional fails to uphold the standard of care that they should have. The standard of care is generally defined as the level of care that a reasonable, prudent physician or other healthcare providers in the same specialty would have provided in similar circumstances.

Negligence can include:

  • Failing to provide a patient with a specific dose of medication.
  • Making surgical errors that could have been avoided.
  • Misreading test results.

However, these mistakes can also be made without malicious intent. You could be entitled to compensation if a healthcare provider's carelessness caused the injury. However, you must prove the various elements of a medical malpractice claim to succeed in your case.


Medical malpractice is a broad term that refers to any act or omission by a healthcare provider that falls short of the standard of care for their particular medical specialty. When this occurs, patients can pursue a claim for monetary compensation.

A typical example of medical malpractice is a doctor's failure to warn patients of the risks of a procedure they are considering. When the risk results in an injury, the doctor may be liable for the damages suffered by the patient.

Proving a medical malpractice case requires patients to show that a healthcare professional's action or inaction fell below the medical standard of care and that it caused them harm. The case will depend on the specific facts of each case. Still, in general, a patient's legal team will need to show that they wouldn't have been harmed if the healthcare professional had acted appropriately and in line with the medical standard of care when treating them.


Medical malpractice cases can result in many types of damages, both economic and non-economic. These can include medical bills, loss of income, additional surgeries, medication costs, rehabilitation expenses, and more.

To recover in a medical malpractice case, you need to show that a doctor or other healthcare professional failed to follow the proper standard of care. Additionally, you must show that the doctor's carelessness resulted in your suffering or injury.

It can include many mistakes, from surgical errors to failure to follow post-surgical protocol. These can lead to lifelong complications for the patient and their family members.

In addition to economic damages, plaintiffs may be entitled to compensation for their pain and suffering. It is usually a complex issue because it requires expert testimony to help the court determine how much money to award for the intangible damage that results from a medical error.

Emiy Watson

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