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

Posted by attorney Gerald Oginski

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.

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