We trust doctors, nurses, hospitals, and medical professionals with our lives. No matter what your injury or illness is, a medical provider is expected to perform their job competently — and with a high degree of care. If they fail to do so, you may be entitled to pursue a claim for medical malpractice for any damages that they have caused you to suffer.
What is Medical Malpractice?
A medical professional has a duty to provide a certain standard of skill and care to their patients. A negligent act or omission that deviates from the standards of the profession causing injury to a patient can constitute malpractice. Specifically, to prove medical malpractice, a patient must show the following:
- The doctor owed a duty of care
- The doctor failed to adhere to their duty by being careless or negligent
- The doctor’s negligence caused harm, injury, or fatality
- Damages were incurred as a result of the malpractice
Depending on the facts of the case, a number of parties may be held liable for medical malpractice. For instance, you may be able to file a claim against a doctor, nurse, hospital, healthcare facility, surgeon, or other medical professional. In some cases, a plaintiff may have a case against more than one party.
What are Some Examples of Medical Malpractice?
There are many different types of medical malpractice. It can encompass a broad scope of errors and negligence within the healthcare system. Medical malpractice can arise due to:
- Failure to diagnose — Medical malpractice based on a failure to diagnose can arise if a doctor failed to determine the nature of a medical condition.
- Misdiagnosis — Misdiagnosis occurs when a patient receives the wrong diagnosis and is treated for a condition they didn’t have.
- Delayed diagnosis — If a doctor waited too long to diagnose, this type of medical malpractice may apply.
- Failure to obtain informed consent — In the event a doctor does not provide full disclosure, they may be held liable for medical malpractice if the patient agreed to undergo treatment that they might not have opted for had they been fully informed.
- Incorrect treatment — When a doctor doesn’t choose a medical treatment that is actually likely to help a medical condition, it can result in a medical malpractice claim.
- Treatment mistakes — A medical malpractice claim may arise if a doctor prescribes the wrong medication or makes a negligent mistake during a medical procedure.
- Surgical malpractice — Surgical malpractice can occur when a surgeon operates on the wrong side of a patient’s body, leaves a surgical instrument in their body, or removes healthy tissue.
- Anesthesia errors — If too much or too little anesthesia is administered, the consequences can be severe and result in medical malpractice.
- Amputation injuries — Amputation injuries can involve the unnecessary or wrongful removal of a limb because of a physician’s error.
- Emergency room negligence — Emergency room negligence can occur when a patient is harmed as a result of a doctor failing to meet the standard of care that is expected in such an environment.
Medical malpractice claims are complex and highly technical. Typically, the testimony of medical expert witnesses is needed to establish the standard of care that was expected — and the seriousness of the injuries. Other evidence in such cases can include medical records, documentation of damages, photos, witness statements, and past malpractice claims against the provider.
Contact an Experienced New York Medical Malpractice Attorney
If you suffered an injury due to medical malpractice, it’s vital to have an attorney by your side who can help ensure the negligent provider is held accountable. The Edelsteins, Faegenburg & Brown, LLP is a New York personal injury firm that has been fighting for the victims of medical malpractice since 1937. Handling every case with the personalized time and attention it deserves, we have earned a well-deserved reputation among our clients and colleagues for obtaining substantial settlements and verdicts. Contact us to schedule a free consultation at (212) 425-1999 today.