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Is negligence required to prove medical malpractice?

Negligence is the backbone of any medical malpractice suit in New York. Negligence simply means you did not use reasonable care to ensure something was done properly. When it comes to medical malpractice, the U.S. National Library of Medicine notes that there are certain elements that must be proven with negligence being the underlying point. These elements include the incident resulted in damages of some kind to you, the incident was caused by a person who had a professional duty to provide you with care, and due to the person not honoring this duty, you suffered an injury.

The idea of medical malpractice is not a new one and goes back to ancient law. The main point is that when a person performs in a professional capacity, they have some obligation to ensure the services they provide will not hurt those they are providing them to and they will do their best to ensure a favorable outcome. Basically, you have the right to go to a doctor and assume that he or she will not cause you unreasonable harm and will do his or her best to help you.

Many times, an injury caused by a medical professional is due to human error. These types of incidents are difficult to completely prevent because humans make mistakes. For this reason, most medical professionals have malpractice insurance, which is designed to protect them in case they are sued for negligence. This information is only intended to educate and should not be interpreted as legal advice.

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