How to Prove Medical Malpractice

Gavel, Books & Stethoscope On Table | Medical Malpractice Lawyers in NYC | Gash & Associates, P.C.

You thought you could trust your doctor. Now, after they botched your surgery or gave you the wrong medication, you’re not only facing a personal injury, but you have tons of medical bills to pay as well. You’re wondering if you can sue your doctor for medical malpractice and recover at least some of the money you’ve had to put towards your care.

First, before you do anything, you’ll need to prove medical malpractice.

Proving Medical Malpractice

To prove medical malpractice, you need to show that you had a patient-doctor relationship, your doctor had a duty of care to uphold, they breached that duty by acting in a negligent manner, and their negligence caused your injury. Along with your medical bills, you may be able to sue for lost wages if you had to take time off work to go to medical appointments, future medical care, pain and suffering, emotional distress, loss of enjoyment, and lost earning capacity.

Why It’s Hard to Prove Medical Malpractice

It’s difficult to prove medical malpractice. The legal system makes it that way so that doctors aren’t getting sued all the time. If they were, nobody would want to go into the medical field, and society as a whole would suffer. The only way you can really prove medical malpractice is to contact a personal injury lawyer. They will collect your evidence like photographs of your injuries, witness statements, and medical records and then attempt to retrieve a settlement from the defendant, who is your doctor.

Contact a Medical Malpractice Lawyer


If you believe that medical malpractice occurred, then contact the personal injury firm Gash & Associates for help. We assist clients throughout Westchester County and we provide a free consultation. Then, you’ll learn if you have a valid medical malpractice claim. Get in touch today at (914) 328-8800.