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The Basics of Malpractice Law
A professional who does not adhere to the generally accepted guidelines of conduct is guilty of misconduct. It can be filed against lawyers, doctors, or any other professional who makes mistakes that significantly impact the case of a client.
Medical malpractice claims can be difficult and require a deep understanding of the laws of New York, regulations, and case law. A successful malpractice claim will require proving the following elements:
Duty of care
The duty of care is a key element in any malpractice case. Medical professionals are all bound by a duty of care to act in the manner a reasonable person would in similar circumstances. If they fail to fulfill this duty and cause injury, they could be held responsible for negligence. The scope of...