New York Medical Malpractice Lawyers

What is Considered Medical Malpractice?

Medical malpractice is a legal term used to describe a situation in which a healthcare provider, such as a doctor, nurse, surgeon, or hospital, fails to provide an appropriate standard of care to a patient, resulting in harm or injury to the patient. This negligence or breach of duty can occur in various healthcare settings, including hospitals, clinics, and private practices.

Key elements of medical malpractice typically include:

1. Duty of Care: Healthcare providers have a legal and ethical responsibility to provide their patients with a standard of care that is in line with accepted medical practices.
2. Breach of Duty: A breach occurs when the healthcare provider deviates from the expected standard of care. This can involve errors in diagnosis, treatment, surgical procedures, prescription medication, or a failure to provide adequate information to the patient.
3. Causation: The breach of duty must be shown to be the cause of the patient's injury or harm. It must be demonstrated that the healthcare provider's actions or negligence directly led to the negative outcome.
4. Damages: In order to pursue a medical malpractice claim, the patient must have suffered some form of harm or injury. These damages can include physical, emotional, and financial losses, such as pain and suffering, medical bills, loss of income, and long-term disability.

Medical providers are highly trained professionals with years of schooling and training. However, that does not mean that they are always able to achieve the outcomes patients want. A poor outcome after a medical procedure or treatment does not necessarily mean that the patient is a victim of malpractice. Instead, medical malpractice occurs when a doctor or another health care provider fails to provide services that meet the accepted standard of care.

Examples of Medical Malpractice

Medical malpractice cases can encompass a wide range of situations in which healthcare providers fail to meet the standard of care, resulting in harm or injury to patients. Some common types of medical malpractice cases include:

• Misdiagnosis or Delayed Diagnosis: This occurs when a healthcare provider fails to correctly diagnose a medical condition or there is a significant delay in diagnosing a condition, leading to incorrect treatment or missed opportunities for timely intervention. Common examples include misdiagnosis of cancer, heart disease, or infections.
• Surgical Errors: Surgical malpractice can involve a variety of mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments or sponges inside the patient, damaging adjacent structures, or improper suturing. Any of these errors can lead to serious complications.
• Medication Errors: Medication-related malpractice can include prescribing the wrong medication, administering the incorrect dosage, overlooking drug allergies or interactions, or failing to provide clear medication instructions to the patient. These errors can lead to adverse reactions and worsen a patient's condition.
• Anesthesia Errors: Anesthesia-related mistakes can include administering too much or too little anesthesia, failing to monitor a patient's vital signs during surgery, or not considering the patient's medical history and allergies. Anesthesia errors can result in complications, including injury or death.
• Birth Injuries: These cases involve injuries to the baby or mother during childbirth due to medical negligence. Common examples include the misuse of forceps or vacuum extractors, delays in performing a cesarean section, or failure to monitor fetal distress.
• Emergency Room Errors: Errors in the emergency room can involve misdiagnosis, delays in treatment, or inadequate patient triage, which can have serious consequences for patients who require immediate care.
• Informed Consent Violations: Failure to obtain proper informed consent occurs when healthcare providers do not adequately inform patients about the risks, benefits, and alternatives of a medical procedure or treatment. This can result in legal claims if patients undergo procedures without full understanding.
• Lack of Follow-Up Care: Healthcare providers have a responsibility to monitor patients' conditions and ensure they receive appropriate follow-up care. Neglecting this duty can result in complications or deterioration of the patient's health.