“We made a mistake” is the last thing you want to hear from a doctor. Patients like you entrust their health and wellbeing with doctors who swore to practice carefully and diligently and ensure that they do no harm. If your doctor admitted a mistake, you’re likely hurt, confused, and scared for the consequences this may bring.
But doctors are not immune to mistakes, and when they happen, the ethical thing to do is to disclose this to the patient.
In New York, if a doctor makes a mistake and admits it to the patient, the patient can still pursue a medical malpractice lawsuit if they believe they have suffered harm or damages as a result of the doctor’s error. Admission of a mistake by a healthcare provider does not automatically absolve them of legal liability.
How to Build a Lawsuit When Your Doctor Admitted a Mistake
If your doctor admitted a mistake, this can potentially impact a medical malpractice case, but it does not mean you cannot still pursue and win a case. In a medical malpractice lawsuit, the plaintiff (which would be the patient, or you) needs to establish four key elements to prove their case, regardless of an admission of a medial error:
- Duty of Care: The plaintiff must show that there was a doctor-patient relationship, indicating that the doctor owed a duty of care to the patient.
- Breach of Duty: The plaintiff must demonstrate that the doctor breached the standard of care, meaning they failed to provide the level of care and skill that a reasonably competent healthcare professional in the same field would have provided under similar circumstances.
- Causation: The plaintiff must establish a causal connection between the doctor’s breach of duty and the patient’s injuries or damages. They must show that the doctor’s mistake directly caused or contributed to the harm suffered.
- Damages: The plaintiff must prove that they suffered actual damages as a result of the doctor’s mistake. This can include physical pain, emotional distress, medical expenses, loss of income, or other related damages.
Even if a doctor admits their mistake, the burden of proof still rests with the plaintiff to demonstrate the elements of a medical malpractice claim. The admission may serve as evidence to support the plaintiff’s case, but it does not automatically guarantee a successful lawsuit. The plaintiff would still need to gather additional evidence, such as medical records, expert opinions, and testimony, to strengthen their claim.
It’s important for individuals who believe they have been harmed by a medical error to consult with an experienced medical malpractice attorney in New York. A skilled attorney can assess the specific circumstances of the case, gather necessary evidence, and guide the patient through the legal process, working to protect their rights and pursue fair compensation for their damages.
Get in touch with the team here at Merson Law by calling our office or filling out the contact form on this page.
