Medical Malpractice

Do I Have a Medical Malpractice Case?

June 21, 2023
Medical Malpractice Case

Table Of Contents


Attorneys at the Jacob Fuchsberg Law Firm quickly evaluate medical malpractice claims, often providing an answer within 24 hours. A New York State licensed attorney is available each day to review submissions and speak with potential claimants. The process typically begins with a free phone consultation.

To Establish a Valid Medical Malpractice Case, Four Key Elements Must Be Present

1. Duty of Care

The first element is whether the victim was owed a duty of care by the medical provider. This would include whether a doctor-patient relationship existed. Once a doctor agrees to treat a patient, generally a duty of care is established.  

2. Breach of Duty

A breach of the Duty of Care occurs when a healthcare professional fails to provide treatment that meets accepted standards of medical care. To determine a beach (or departure from accepted medical care standards), the Court looks at the doctor’s actions and what a reasonably competent healthcare professional would have done in similar circumstances. The Jacob Fuchsberg Law firm works with a team of nationally recognized medical experts in determining whether there has been a breach or departure from accepted standards of medical care and treatment.

3. Causation (Proximate Cause)

In a medical malpractice case, the patient must not only show a breach of the duty of care, but also must prove that the breach of care directly caused their injuries. For instance, where there is delay in the diagnosis of a cancer, the patient must show not only that there was a missed diagnosis of the cancer, but that earlier diagnosis and treatment would have resulted in a different outcome or prognosis.

4. Damages

The last element of a medical malpractice case involves proving damages. This includes permanent physical limitations, pain and suffering, emotional distress, medical expenses, loss of income, and other harms resulting from the medical error. The harm suffered must be significant enough to warrant a medical malpractice lawsuit.

Free Consultation

Medical malpractice claims are complex and requires a careful analysis of the facts and circumstances. Contact the Jacob Fuchsberg Law Firm at 212-869-3500 for a free initial consultation. There is never a fee to the client unless the lawsuit is successful.