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White Plains Medical Malpractice

Definition of Malpractice | Malpractice Attorney in White Plains

Posted by Andrew J. Barovick | Dec 24, 2018 | 0 Comments

What is the definition of Malpractice?

The word malpractice is thrown around quite often, but most people do not understand the true definition of malpractice. It is defined as being negligent conduct or an unreasonable lack of skill in the performance of a medical task. This could be on the part of a physician, or a healthcare facility where the task occurs.

However, to determine whether someone has a legal case that may be able to provide them with compensation because of the perceived negligence of the doctor or facility, they need to be able to prove certain things first.

Can you prove Malpractice?

The plaintiff will need to prove duty, which is the existence of a legal relationship between themselves and the defendant. They also need to prove that there was a breach of duty and that the physician did not comply with the accepted standards of malfeasance or by non-malfeasance. The plaintiff also needs to prove that they have sustained some type of injury because of the negligence on the part of the defendant. This could be compensatory or punitive. These might include medical expenses, pain and suffering, lost wages, and lost earning capacity, for example.

The plaintiff will also need to prove that there is a reasonable connection between the negligence or omission of the defendant and the injury that was suffered. All of these elements need to be proven for these types of cases to be successful.

Find an attorney you trust

If this sounds confusing or like a lot of work it is because it can be. If you believe that you or someone you love has been the victim of medical malpractice, you will want to be sure to get in touch with an attorney that specializes in the field. The attorney has the knowledge and the experience needed to follow up on your case, gather the experts and the evidence needed, and prove all of the points listed above. The attorney can determine whether you have a case and if you should proceed with legal action. They can also make sure you understand each part of the process of filing and going through one of these lawsuits.

About the Author

Andrew J. Barovick

Mr. Barovick is a graduate of Columbia College and Cardozo School of Law. He began his legal career at the Queens District Attorney’s Office, where he tried over 20 felonies to verdict, and argued an equal number of appeals before the Appellate Division, Second Department, the New York Court of Appeals and the United States Court of Appeals for the Second Circuit.


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$7.9 million dollars for infant client who suffered severe brain injuries due to post- delivery medical malpractice.

$500,000 wrongful death/medical malpractice settlement on behalf of patient brought to hospital emergency room with serious injuries who suffered complications while unmonitored and died.

$425,000 wrongful death/medical malpractice settlement during trial on behalf of senior hospital patient whose surgeon failed to timely address her worsening symptoms, resulting in her death.

$250,000 to young man whose physician failed to diagnose an impending torsion testicle, causing the loss of the affected testicle.

$200,000 to young mother whose OB/GYN failed to timely diagnose and treat her ectopic pregnancy, resulting in excruciating, long-term pain and the need for surgery to address the ectopic pregnancy once it was diagnosed.