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Medical Malpractice

Medical Malpractice Injury Lawsuits

Medical Malpractice | Lawsuits, Lawyers | Injury, Deaths | Plastic Surgery, Hospitals, Nursing Care

Medical Malpractice Cases Arise Under the Following Circumstances

  • Against a medical specialist who does not adhere to an accepted standard of practice for specialists in that medical field
  • Against a hospital for administering improper or overdoses of medication, negligent nursing care, inadequate sanitation, infection or equipment failure
  • Against a government agency that operates hospitals or provides specialist medical care
  • For more information, see below

Medical Malpractice Liability

Every year thousands of people are injured as a result of medical malpractice. Medical malpractice is negligence committed by a professional health care provider; a doctor, nurse, dentist, technician, hospital or hospital worker-whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.

Most medical malpractice cases are filed against doctors who have failed to use reasonable care to treat you. The profession itself sets the standard for malpractice by its own custom and practice. Historically under the so-called "locality rule," a doctor was required only to possess and apply the knowledge and use the skill and care that is ordinarily used by reasonably well-qualified physicians in the locality, or similar localities, in which he or she practiced. But today the trend is toward abolishing such a rule in favor of a national standard of practice.

Medical malpractice liability cases arise under the following circumstances:

  • Against a government agency that operates hospitals or provides specified medical care.
  • Against a hospital for administering improper or overdoses of medication, negligent nursing care, inadequate sanitation, infection, or equipment failure.
  • Against a physician, who in the general practice of medicine, deviate from the general accepted standards of practice in the community.
  • Against a medical specialist who deviates from a nationally accepted standard of practice for specialists in that field of medicine.

Medical Malpractice Claims Against Physicians

In suits against physicians, a medical malpractice lawsuit most commonly occurs under the following circumstances:

  • The physician delayed diagnosis of a medical condition, or failed to diagnose the patient's medical condition altogether;
  • The physician properly made the correct diagnosis, and then failed to properly treat the medical condition;
  • The physician failed to perform a surgical procedure properly; or
  • The physician fails to obtain the informed consent of the patient before performing a procedure or operation.

Medical Malpractice Claims & Medical Malpractice Compensation

If you or a loved one have been seriously injured as a result of medical malpractice, you may have a  medical malpractice liability case.  Please fill out the form at the right for a free medical malpractice claims case evaluation, by a qualified Parker Waichman LLP medical malpractice attorney. Parker Waichman LLP serves clients all over New York, including Manhattan, Brooklyn, the Bronx, Queens, Nassau, Kings County, and Suffolk.

In addition, Parker Waichman LLP has offices in Florida (Bonita Springs) serving clients in Lee, Collier, Hendry and Charlotte Counties, and offices in New Jersey (Hackensack) serving clients from various counties including Bergen, Hudson, Passaic, Essex, Englewood and Fort Lee.

Legal Help For Victims Affected By Medical Malpractice

If you or a loved one has suffered affects of Medical Malpractice please fill out form to the right or call us at 1-800-YOURLAWYER (1-800-968-7529).


Medical MalpracticeRSS Feed

For Doctors, Relationships with Drug and Device Makers Raise Conflicts of Interest

Jun 30, 2016
Doctors Relationship With A Drug or Device Maker. The director of the leukemia program at the Cleveland Clinic, in a post for the New York Times' Well blog, doctors who have relationship with drug or device maker. Dr. Mikkael Sekeres used the example of his mother-in-law's hip replacement surgery to illustrate the increasingly common conflicts that arise. His mother-in-law had easily developed a trust in the doctor who was to perform the surgery and he had provided a thorough explanation...

Rhode Island Hospital Fined Over Wrong-Site Surgery

Nov 3, 2009 | Parker Waichman LLP
Rhode Island Hospital Allegedly Operated On The Wrong Body Part. Last week, we wrote about the fifth reported botched surgery at the same hospital since 2007. Rhode Island Hospital—the largest hospital in that state—allegedly operated on the wrong body part, described as a wrong-site surgery, five times. Now, says the Associated Press (AP), the hospital has been fined $150,000 and mandated to take what the AP described as “the extraordinary step” of putting in...

VA Cancer Probe Continues

Jun 30, 2009 | Parker Waichman LLP
A Shoddy Medical Procedures Conducted At The Veterans Administration. Dr. Gary D. Kao, the doctor linked to scores of potentially shoddy medical procedures conducted at the Veterans Administration (VA) Medical Center in Philadelphia admitted to making mistakes when administering radiation seed implantation—brachytherapy—to prostate cancer patients. It seems 92 veterans allegedly received incorrect radiation doses. But, Kao, who admitted to “missing his target” when...

Doctors Give US Emergency Care A Failing Grade

Dec 11, 2008 | Parker Waichman LLP
No State Received An A Ranking The country has received an overall failing grade for its emergency care service according to the American College of Emergency Physicians, the Associated Press (AP) is reporting.  Overall, the system received a D-, said the AP.According to the AP, no state received an A ranking.  The AP cited a glut of patients as adding to the problem, combined with a lack of resources.  Also, said the AP, many patients without health insurance will turn to...

New York Hospital Negligence Victim Died of Blood Clots

Jul 15, 2008 | Parker Waichman LLP
Woman Died on KCHC Grounds. Esman Green, the woman who died at Brooklyn’s Kings County Hospital Center (KCHC) June 19 after writhing on the floor of its psychiatric emergency ward for a full hour, has apparently died due to blood clots.  According to an Associated Press (AP) report, the blood clots were caused “by a long period of physical inactivity.”Based on surveillance footage obtained by the New York Civil Liberties Union (NYCLU), Green, 49, appeared to be...

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