Skip to main content

Did the Wrongdoing Cause Your Injuries? New York Medical Malpractice Attorney Gerry Oginski Explains

Posted by attorney Gerald Oginski

That is the second question a jury has to answer when deciding whether to award you money in your accident, negligence, medical malpractice or wrongful death case in New York.

The first question they must answer is whether the defendant was negligent. In a medical malpractice case the first question is whether the defendant departed from good and accepted medical care.

Once they determine that "Yes" the defendant was negligent and "Yes" that your injures were caused by the defendants' wrongdoing, then they will be required to determine how much money to award you for your injuries.

If the answer to the negligence question is "No," then they will never get to question #2. If they answer "Yes" the defendant was careless, and then answer "No" that there was no connection between the wrongdoing and your injury, then they will never get to determine how much to award you for your injuries.

Watch the video to learn more.

Additional resources provided by the author

Author of this guide:

Was this guide helpful?

Get Avvo’s 3-part personal injury email series

A roundup of the best tips and legal advice.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer