Medical malpractice claims are very, very difficult claims to win because they require expert testimony. In New York, to even bring case, you need an affidavit from an expert called the Certificate of Merit. In every medical malpractice case, you need medical record to establish what was done and to see if there was departure from the standard of care. In that case, if it’s clear that the patient knew about the complications, then that would not allow that patient to file medical malpractice case as the patient was warned.
Medical Malpractice Laws In New York State | Law Offices of David A. Kapelman, P.C.
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