New Study Examines Medical Malpractice in New York

ALBANY, N.Y. (NEWS10) — A recent study conducted by NiceRx, a provider of discounted prescription medications, revealed that New York state witnessed 15,951 medical malpractice claims filed from 2012 to 2022. This figure, researchers noted, is almost 4,000 reports greater than the second-ranking state, California.

Medical malpractice refers to an incident where a healthcare professional, such as a nurse or doctor, fails to provide the appropriate standard of care, leading to patient injury or harm. This negligence can take various forms, including misdiagnosis, surgical errors, incorrect prescriptions, or inadequate aftercare. Understanding the consequences of medical malpractice is crucial in order to grasp the severity of the problem and develop strategies for prevention and compensation.

Each state has precise time limits for initiating legal action, and in New York, a medical malpractice lawsuit typically needs to be filed within two years and six months. However, some circumstances may warrant an extension of the standard deadline. For instance, if a patient could not have reasonably discovered that they had a valid medical malpractice claim, the deadline might be extended.

The high number of medical malpractice reports in New York raises concerns about patient safety and the quality of healthcare provided. Medical malpractice can have severe consequences for patients, leading to increased suffering, prolonged treatment, or even death. Furthermore, the financial burden of malpractice on the healthcare system is substantial, as hospitals and medical providers are required to compensate victims for the harm caused.

In cases where medical malpractice does occur, it is vital to ensure that victims receive fair compensation. This process requires a thorough investigation of the incident, expert testimony, and an accurate assessment of damages. To streamline the process, some states have established medical malpractice review panels to evaluate claims before they proceed to court. These panels can reduce the time and expense associated with litigation, ensuring that victims receive timely compensation. Moreover, ensuring fair compensation for victims can provide financial relief and help them on their road to recovery.

The Most Common Causes of Medical Malpractice

The most common causes of medical malpractice include the following:

1. Misdiagnosis or delayed diagnosis: Misdiagnosing a condition or failing to diagnose it in a timely manner can lead to incorrect or delayed treatment, potentially causing severe harm or even death. A misdiagnosis may occur due to a lack of thorough examination, misinterpretation of test results, or failure to consider all possible diagnoses.
2. Medication errors: Prescribing or administering the wrong medication, incorrect dosage, or failing to consider drug interactions can have serious consequences for patients. These errors can stem from miscommunication, inadequate knowledge, or simple mistakes in record-keeping or dispensing.
3. Surgical errors: Mistakes during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or causing damage to adjacent organs, can result in serious complications or permanent injury. These errors may occur due to poor communication, inadequate planning, or lack of skill.
4. Anesthesia errors: Errors in administering anesthesia can lead to severe consequences, including brain damage, permanent disability, or death. Causes of anesthesia errors can include incorrect dosage, failure to monitor vital signs, or neglecting to consider a patient’s medical history and potential allergies.
5. Birth injuries: Negligence during prenatal care, labor, or delivery can result in birth injuries ranging from minor to severe. Causes may include inadequate monitoring of the fetus, improper use of forceps or vacuum extraction, or failure to perform a timely cesarean section in cases of fetal distress.
6. Inadequate aftercare or follow-up: Failing to provide appropriate postoperative care or monitor a patient’s condition after a procedure can result in complications, infections, or other issues. This negligence may occur due to understaffing, lack of communication, or failure to adhere to established care protocols.
7. Poor communication: Communication breakdowns between healthcare providers or between providers and patients can lead to errors in treatment, missed diagnoses, or other adverse outcomes. These issues may arise from language barriers, inadequate documentation, or misinterpretation of information.
8. Informed consent violations: Failing to obtain informed consent from a patient before performing a medical procedure can constitute malpractice. This involves not adequately explaining the risks, benefits, and alternatives to a treatment, preventing the patient from making an informed decision about their care.
9. Failure to recognize and act on complications: When healthcare providers do not identify or respond to signs of complications or worsening conditions, patients can suffer severe harm. This failure may stem from inadequate training, inexperience, or misjudgment.
10. Inadequate record-keeping: Accurate and comprehensive documentation of a patient’s medical history and care is essential for proper diagnosis and treatment. Failure to maintain appropriate records can lead to errors, misdiagnoses, and other adverse outcomes.

Addressing these common causes of medical malpractice involves improving communication, providing ongoing education and training for healthcare professionals, and implementing robust systems and protocols to minimize errors and ensure patient safety.

Additionally, the establishment of effective reporting systems can help identify patterns of negligence and encourage early intervention.

Medical malpractice poses a significant challenge to patient safety and the overall quality of healthcare. By understanding the most common causes of medical malpractice, healthcare providers, institutions, and policymakers can implement targeted strategies to prevent errors, improve communication, and foster a culture of continuous learning and improvement. Addressing these issues is crucial in ensuring that patients receive the highest standard of care while minimizing the emotional, physical, and financial burden associated with medical negligence. By working together, we can create a healthcare system that prioritizes patient safety, delivers effective treatment, and earns the trust and confidence of those it serves.

Contact Parker Waichman LLP Today for a Free Consultation

Our experienced product liability lawyers are experienced in handling cases related to medical negligence. Whether a medical professional or a hospital has harmed you or a loved one, contact our national medical malpractice law firm today to protect your rights. Our caring and experienced defective medical malpractice attorneys can help you determine who is responsible for the damages you’ve suffered and hold them accountable. Call 800-968-7529 today for your free case evaluation.