Medical Malpractice vs. Nursing Home Neglect Claims in New York

It’s important to understand how medical malpractice in NY is defined so you’ll understand when nursing home abuse fits the definition of a malpractice claim, and when it doesn’t.

Medical malpractice occurs only if a medical care provider fails to provide a professional level of care. There are specific elements of a malpractice claim you must prove, including the following:

• The health care provider owed you a duty of care: Health care providers owe a duty to provide appropriate care to the patients they treat. This can include physicians, nurses, and other licensed medical professionals who provide care in nursing homes or other medical settings.
• The provider breached the duty of care: A provider may be liable for malpractice if they failed to meet the accepted professional standard of care. In other words, their actions are compared to what a reasonably careful provider with similar training and experience would have done under similar circumstances.
• The breach caused your injury: You must show that the provider’s failure to meet the standard of care directly caused the harm. This often requires proving that the injury would not have occurred, or would likely have been avoided, if the provider had acted appropriately.
• You suffered actual damages: You must also show that you experienced a real injury or loss, such as worsened health, additional medical costs, pain and suffering, emotional distress, or other compensable harm.

Because medical malpractice claims involve questions about professional medical standards, you typically need testimony from a qualified medical expert to explain what the provider should have done and how the provider’s conduct fell short.