New York Medical Malpractice: "Did the Defendant Depart From Good & Accepted Medical Care?"

Posted about 2 years ago. Applies to New York, 2 helpful votes


In a medical malpractice case in New York, what is the first question that the jury is required to answer? "Did the defendant depart from good and accepted medical care?"

In other words, the question basically asks whether the defendant was negligent or careless. The jury must answer either "Yes" or "No." If the answer is yes, then they will proceed to the second question which is "Was the defendant's negligence a substantial factor in causing Mrs. Jones' injuries?"

If the jury answers "No," that will end the case unless there are other questions and other claims of liability. Oftentimes, there is more than one theory of liability and the jury is asked to answer multiple liability questions.

Watch the video to learn more.

Additional Resources

Gerry's Medical Malpractice YouTube Channel

Gerry's Educational Medical Malpractice Website

Rate this guide

Related Topics

Medical malpractice

Medical malpractice occurs when a medical professional's negligence causes injury to a patient. Incorrect actions and inaction can both be forms of negligence.

Surgical malpractice and personal injury

Surgical malpractice occurs when a medical professional makes an error during surgery that was both preventable and beyond the normal risks.

Avvo advisor logo@2x

Need an answer to your questions within 15 minutes?

  • 15-minute phone call
  • Ask any questions
  • $39 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Advisor span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now