Medical Malpractice Lawsuits Are Extremely Difficult to Prove
You need to consider several factors when dealing with medical malpractice lawsuits. First, establishing negligence requires proving that your doctor failed to follow the standard of care. This often involves complex medical details that can be difficult for a layman to understand, let alone fight against the defendant’s highly experienced legal team.
Second, your injury or harm must be directly linked to this deviation, which can be complicated by your pre-existing health conditions or other factors that may weaken your claim.
Third, proving medical malpractice necessitates extensive and credible evidence, including medical records, eyewitness and expert testimonies, photographs of injuries, and documentation of medical expenses.
However, gathering all this evidence is a time-consuming and costly process. It becomes even more challenging to manage if you are still recovering from your injuries.
Hospitals and insurance companies also have substantial resources to defend against these claims. They deploy teams of lawyers to challenge every aspect of your case. Insurers often use tactics such as:
- Disputing the severity of your injuries.
- Arguing that the doctor met the correct standards of care.
- Delaying the process to pressure you into accepting a lower settlement.
Furthermore, you must meet stringent legal standards and procedural requirements. These include filing within the statute of limitations, submitting an affidavit of merit, and following pre-suit notification rules.
That’s why you need the best medical malpractice attorney to fully recover your damages. At Uptown Injury Law, PLLC, we have the expert resources to handle the most difficult medical malpractice cases. No matter how time-consuming, costly, or challenging your case may be, we won’t back off until the liable party is held accountable.
The Hospital Could Be Responsible for the Negligence
The hospital could be held liable under vicarious liability, meaning it is responsible for the actions of its employees. However, this process is often challenging because many doctors work as independent contractors rather than as direct employees.
For example, we secured a $20.24 million verdict for our client against St. Barnabas Hospital for failing to provide standard care. Our client suffered a stroke and was taken to St. Barnabas. The staff failed to monitor her condition, leading to another stroke the following day, causing kidney failure, permanent paralysis, and other health complications.
The defendant tried to shift the blame to our client’s pre-existing diabetes, but after a 15-day trial and 5 hours of deliberation, the jury found St. Barnabas 100% liable.
Or You May Have A Product Liability Claim Instead
In some medical malpractice cases, the fault may not lie with the healthcare provider but with a defective medical product. Product liability claims arise when a medical device or pharmaceutical product causes injury due to manufacturing defects or inadequate warnings about potential risks.
For example, a defective hip implant that fails early or a medication with hidden side effects can cause serious health issues. In these cases, you must prove that the product was unsafe and that its defect directly caused your injury.
However, product liability claims are complicated, requiring you to hold manufacturers, distributors, and even healthcare providers responsible. At Uptown Injury Law, PLLC, our medical malpractice attorneys have the expertise to deal with these cases. You can rest assured your case is in capable hands.
At Uptown Injury Law, PLLC, our NYC medical malpractice attorneys can provide the expertise and support you need to fight a legal battle. We thoroughly investigate your claim, gather critical evidence, and work with medical experts to build a strong case. 
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