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Can You Use Findings by NYS Dept. of Health in Your Medical Malpractice Lawsuit in New York?

Posted by attorney Gerald Oginski

If the NYS Department of Health has determined that there were deficiencies with care and treatment rendered to you, can you use those findings during the course of your lawsuit to prove that the doctors and the hospital are responsible for your injuries?

The short answer is 'maybe'. The longer answer is also 'maybe'.

Here's what I mean.

When the Department of Health does an investigation, they reach certain findings of fact based upon their investigation, discussions with hospital staff and a review of the records. Based upon those factual findings they then determine whether or not the hospital and its staff were deficient in living up to hospital guidelines and protocol.

If the hospital did not live up to the standards of care, a statement of deficiencies will likely be issued. The hospital must then prepare a corrective course of action in order to correct those deficiencies.

The standards which the New York State Department of Health uses to conclude that there were deficiencies is legally different from what we must prove in a valid medical malpractice case New York.

In addition, a jury is the ultimate fact finder and must ultimately reach the conclusion of whether or not there were departures from good and accepted medical care, and whether those departures from good care were substantial factors in causing or contributing to your injuries.

Watch the video to learn more...

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