Why Knowing the Basics Matters
If you’ve been harmed by medical care, you need a realistic view of whether you’ve got a case. Not every bad outcome means malpractice. But if the right pieces are in place, pursuing a claim could be worth considering.
The 4 Minimum Elements of a Viable Medical Malpractice Claim
1. Duty
A patient–doctor relationship must be proven. In other words, did the provider officially agree to treat you? If you were under their care—even informally—this box may be checked.
2. Breach of Standard of Care
This means the provider didn’t act like a reasonably skilled professional would in similar circumstances. It’s not just “bad results”; something medically went wrong that could’ve been prevented.
3. Causation
You need to show that the breach actually caused your injury. If the harm would’ve happened regardless, the case may not qualify.
4. Damages
There must be real harm—physical injury, extra medical bills, lost income, emotional suffering. Without measurable damages, a malpractice lawsuit has no foundation.
Putting It All Together: A Simple Example
Imagine a patient comes in with chest pain. The doctor sends them home without ordering an ECG—or orders one but completely misreads it. A day later, the patient suffers a heart attack that could’ve been prevented. Here’s how the elements fit:
- Duty: A doctor–patient relationship existed.
- Breach: The doctor failed to meet the standard of care by not properly evaluating chest pain.
- Causation: The misdiagnosis directly led to the untreated heart attack.
- Damages: The patient endured serious injury, hospitalization, and emotional distress.
A Word on Expert Opinions
In New York, most malpractice claims require a Certificate of Merit—an expert doctor must review your case and confirm that what happened fell below accepted standards. Expert testimony can also explain medical mistakes in plain language to a jury or judge.
Common Misunderstandings
- “I had complications” – Bad outcomes can happen even with skilled care. Complications alone aren’t enough.
- “They didn’t order the test I wanted” – Doctors rely on medical judgment. You’d need to show that judgment was unreasonable in your situation.
- “I’ve had pain ever since” – You must show the harm was a direct result of malpractice—not just part of an ongoing illness.
What You Should Do if You Suspect Malpractice
- Act promptly. In NY, most claims must be filed within 2½ years from the event—or from when ongoing treatment ended.
- Talk to a lawyer. You don’t have to go it alone. A legal review (often free) can help clarify if your situation checks all the right boxes.
Ready to Learn More? Let’s Talk—Confidentially and Without Pressure
If you believe a medical error may have caused you harm, it’s worth getting clarity. At Kent Hazzard & Freeman, we take the time to carefully review each situation and help you understand your options. Every potential malpractice case is different—and the sooner you act, the better positioned you’ll be.
📍 Located in White Plains, we proudly serve clients across Westchester, Rockland, and Putnam Counties—including Yonkers, New Rochelle, Mount Vernon, and Port Chester.
Call (914) 948-4700 or email jfreeman@kenthazzard.com to schedule a free initial consultation. There’s no obligation—just an honest conversation about what happened and what steps you may consider next.
Friendly reminder: Nothing here guarantees a case; it just helps explain what’s legally required.