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New York Medical Malpractice

New York Medical Malpractice Injury Lawsuits

New York Medical Malpractice | Lawsuits, Lawyers | Injury, Deaths | Hospitals, Surgical Cents, Physicians

Every year thousands of people are injured in medical malpractice cases in New York State. Medical malpractice is negligence committed by a professional health care provider; a doctor, nurse, technician, dentist, or 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 a loved one or yourself. 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 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 Cases Against Physicians

In suits against physicians, medical malpractice liability cases most commonly occur under the following circumstances:

  • The physician delayed diagnosis of a medical condition, or failed to diagnose the patients medical condition altogether
  • The physician 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.
  • Surgery on the wrong limb
  • Misuse of a medical device or implant
  • Incorrect reading of X-rays
  • Birth trauma

Contacting a New York Medical Malpractice Attorney

If you or a loved one sustained a medical malpractice injury in New York State and feel you have a medical malpractice liability case,  please fill out the form at the right for a free case evaluation by a qualified medical malpractice lawyer or call us at 1-800-YOURLAWYER (1-800-968-7529).

Parker Waichman LLP medical malpractice lawyers serve clients all over New York, including Manhattan, Brooklyn, the Bronx, Queens, Nassau, Kings county, and Suffolk. In addition to offices in New York, Parker Waichman LLP has offices in Florida (Bonita Springs) representing clients in Lee, Collier, Hendry, and Charlotte counties, and also in New Jersey (Hackensack), representing clients in Bergen, Hudson, Passaic, and Essex counties.


New York Medical MalpracticeRSS Feed

After Child’' Death, Stony Brook Hospital Uses New System

Oct 28, 2008 | Parker Waichman LLP
After the death of a six-year-old Mastic Beach boy last September, the Stony Brook University Medical Center is implementing a pediatric early warning system in its emergency department.  Children now being treated in the Stony Brook University Medical Center’s emergency department are now evaluated by this system.Earlier this month, the state Department of Health cited Stony Brook University Medical Center for not correctly diagnosing William Gonzalez, the six-year-old boy. ...

SLS Residential Defendants Sanctioned After Threatening Former Patients

Oct 8, 2008 | Parker Waichman LLP
SLS Residential, LLC, a private mental health facility located in Putnam County, NY, has been sanctioned for threatening former patients who are potential plaintiffs in a class actions lawsuit.  SLS runs two residential treatment centers in the town of Southeast, NY  for adolescents and young adults.  In addition to a class action lawsuit, SLS is facing revocation of its state operating licenses for the two facilities.The class action lawsuit, filed by two former SLS Residential...

Long Island's Mercy Medical Center Faces Scrutiny Following Patient Deaths

Feb 11, 2008 | Parker Waichman LLP
Mercy Medical Center, a Long Island, New York hospital, is facing tough questions after a doctor there charged that the deaths of several patients were caused by medical mistakes made by a Physicians Assistant (PA) employed by the hospital.  The physician has claimed that the administration at Mercy Medical Center disciplined him after he contacted health officials about the patient deaths.  The ensuing investigation into the Mercy Medical Center deaths have many wondering if Mercy...

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