Medical Malpractice Cases In NY. 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
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