"Was the Defendant Negligent?" New York Medical Malpractice Attorney Gerry Oginski Explains

Posted almost 2 years ago. Applies to New York, 1 helpful vote

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That's the first question the jury will be required to answer in a negligence case, a medical malpractice case or a wrongful death case.

In a medical malpractice case in New York the first question is usually phrased differently. That question usually asks "Did the Defendant depart from the standard of good and accepted medical care?" However, it is virtually the same question as the one in the title. The reason it's different is that ordinary negligence is defined as carelessness.

For a physician, the definition of negligence is a little more detailed and refers to the standard of medical care in the community.

Watch the video to learn more.

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Related Topics

Negligence and personal injury

Negligence is a key concept of injury liability, and occurs when someone fails to take a reasonable amount of care to avoid injuring others.

Medical malpractice and personal injury

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

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