Medical Malpractice Injury Lawsuits 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.
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