How to Prove a Breach of Duty in a Medical Malpractice Case
Medical malpractice claims are among the most serious cases under personal injury law. One of the central issues in these cases is proving that a healthcare provider breached a duty of care owed to the patient. Without establishing this breach, there is no legal foundation for the claim.
At the Law Office of Steven R. Smith, I often hear from individuals in New York, Long Island, and nearby areas, including Hempsted, Westbury, Mineola, and New Hyde Park, who believe they were harmed by a doctor or healthcare provider but are unsure how to seek accountability.
Let’s take a look at how breach of duty fits into the framework of medical malpractice under New York law, what evidence can help prove it, and how victims can pursue fair compensation for their injuries.
What Is Duty of Care in a Medical Setting?
Medical professionals have a legal duty to provide care that meets the accepted standards of the medical community.
This duty exists whenever a provider-patient relationship has been established. For example, when a physician agrees to treat a patient, they assume the responsibility to act with the same level of care that a reasonably skilled provider would offer under similar circumstances.
This concept is at the heart of personal injury law in healthcare, and it applies to doctors, nurses, anesthesiologists, surgeons, and even pharmacists. The duty of care can vary depending on the circumstances, such as the patient’s condition or the medical setting.
What is reasonable in an emergency room may not be the same as what is expected in a scheduled outpatient procedure.
What Constitutes a Breach of Duty?
A breach of duty occurs when a healthcare provider fails to meet the standard of care expected under the circumstances. In personal injury terms, this means that the provider did something a reasonably competent provider would not have done—or failed to do something they should have done.
Examples of breach of duty include misdiagnosing a serious illness, performing surgery on the wrong site, prescribing the wrong medication, or failing to follow up after abnormal test results.
Not every negative outcome amounts to malpractice. Patients sometimes suffer harm even when providers do everything correctly. A breach must involve care that falls below the accepted standard, not just a bad result.
Establishing the Standard of Care
Before proving a breach, the standard of care must be defined. In New York, this typically requires testimony from a medical professional in the same field as the provider being sued.
The witness must explain what a competent provider would have done in the same situation. For example, if the defendant is a cardiologist, the witness should also be a cardiologist familiar with the medical guidelines and practices common to the field.
This testimony sets the baseline against which the defendant’s conduct is measured. Without it, most courts will dismiss the case, as New York law requires expert evidence to support a claim of medical malpractice.
Gathering Evidence of the Breach
Once the standard of care is established, the next step is to show how the provider’s actions (or inactions) deviated from that standard.
This is often the most contested part of a medical malpractice case. The evidence may come from multiple sources, including the patient's medical records, internal hospital documents, test results, and witness statements. Expert testimony is also key here. The medical witness must explain how the defendant’s behavior was inconsistent with proper medical practices.
For example, if a doctor ignored signs of infection after surgery, the expert might explain that any reasonable surgeon would have ordered additional testing or prescribed antibiotics. These statements help link the conduct to the breach in a way that is clear to a judge or jury.
Showing Causation Between the Breach and the Injury
In any personal injury case, it’s not enough to show that someone acted improperly. The breach must have caused real harm. In medical malpractice claims, this usually means showing that the patient suffered an injury directly because of the provider’s failure.
For instance, a misdiagnosis that delays treatment and allows a condition to worsen can serve as strong evidence of harm caused by the breach.
The medical witness must also explain how the outcome would have been different if proper care had been given. This can be challenging, especially if the patient had a pre-existing condition or multiple health issues. Still, it’s a required element under New York law.
Filing a Certificate of Merit in New York
New York law adds another layer of protection for healthcare providers through a requirement called the Certificate of Merit. In personal injury cases involving medical malpractice, the attorney must file this document with the initial lawsuit. The certificate confirms that the attorney has consulted with a licensed medical professional who believes the case has a reasonable basis. Without this certificate, the case may be dismissed.
This requirement helps weed out frivolous lawsuits, but it also makes early consultation and investigation critically important. Without solid support from a qualified medical professional, a case will likely fail before it ever reaches trial.
Common Types of Breach in Medical Malpractice
Many different actions can amount to a breach of duty in a medical malpractice case. Below is a list of the most common forms of breach seen in personal injury claims:
Misdiagnosis or delayed diagnosis of a serious condition
Surgical mistakes, including operating on the wrong site or leaving tools inside the body
Failure to monitor the patient during or after a procedure
Prescribing the wrong medication or dosage
Ignoring patient complaints or symptoms
Failure to obtain informed consent before treatment
Inadequate follow-up care
Poor communication among providers leading to errors
Not ordering necessary tests or interpreting them incorrectly
Violating hospital protocols or medical guidelines
Each of these situations requires careful legal and medical analysis to determine whether a breach occurred and whether it caused harm.
The Basics of Informed Consent
Another aspect of duty involves obtaining informed consent from the patient. Before any non-emergency procedure or treatment, a provider must inform the patient of the potential risks, benefits, and alternatives.
The patient must be allowed to make an informed choice. If a provider fails to do this and the patient suffers harm, that failure may support a personal injury claim. In some cases, the lack of informed consent is treated as a separate cause of action.
More often, it is part of the overall breach of duty analysis. The court will ask whether the patient would have made a different decision if they had known all the facts.
Challenges in Proving a Breach
Medical malpractice cases are not easy to prove. New York law gives healthcare providers the benefit of the doubt unless there is clear evidence of wrongdoing.
Proving that a breach occurred often requires extensive research, expert consultation, and detailed record review. Providers often have well-documented justifications for their actions, and hospitals may protect their staff by limiting what is recorded in writing.
Plaintiffs must present a strong, consistent argument supported by credible medical witnesses. Even with these challenges, many personal injury claims succeed when there is a clear breakdown in proper care that leads to measurable harm.
Compensation in Medical Malpractice Cases
When a breach of duty is proven, and it results in injury, the patient may be entitled to compensation. This includes both economic and non-economic damages. Economic damages cover medical bills, lost income, and future treatment needs. Non-economic damages address pain, suffering, loss of enjoyment of life, and other emotional or physical hardships.
In personal injury law, medical malpractice damages are not capped in New York, although the courts still demand solid evidence for every dollar claimed. Future damages may also be awarded if the injury results in permanent disability or the need for long-term care.
Why Timing Matters
Under New York law, medical malpractice claims must generally be filed within two years and six months from the date of the alleged malpractice or from the end of continuous treatment for the same condition.
Missing this deadline can end a personal injury claim before it even begins. It’s important to speak with legal counsel early so the case can be investigated, experts consulted, and documents prepared before the deadline runs out. Cases involving minors or disabled patients may have different deadlines, but even those should not be delayed without legal advice.
Reach out Today
At the Law Office of Steven R. Smith, I understand how devastating it can be when trusted medical providers make serious mistakes. I'm proud to serve New York and Long Island, including Hempstead, Westbury, Mineola, and New Hyde Park. Call my office today for legal representation in your medical malpractice case.