A patient should be able to trust their doctor and other healthcare providers. Unfortunately, medical errors are a leading cause of injury and death all across the country. If you or a loved one has been injured by a medical professional, a medical malpractice lawyer in New York City at Parker Waichman LLP can help. Our skilled attorneys and experienced medical malpractice lawyers are tough advocates for medical negligence and malpractice victims and know what it takes to build a strong case that will prove your demand for compensation.

Our skilled New York City medical malpractice attorneys are dedicated to helping clients recover compensation for their injuries. We also offer free initial consultations and work on a contingency fee basis, so clients do not pay legal fees unless we recover compensation for them. Discover what our clients are saying by reading reviews and visiting us on Google Maps.

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    What is and isn’t Considered Medical Malpractice?

    Not every situation in which a patient’s condition worsens or something goes wrong is medical malpractice. Not every patient will respond to treatment in the same way, and medical science makes no guarantees. If a patient’s condition is not treatable or becomes worse, it is not considered malpractice. If the doctor acted with reasonable care and skill in choosing and following through with a course of treatment, no medical malpractice occurred. Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in harm to the patient.

    Medical malpractice refers to cases where a healthcare professional’s actions or omissions are central to establishing a claim of substandard treatment, causing harm, injury, or death to the patient. However, medical malpractice comes in many forms and can occur at any point during treatment. The medical profession sets the standards by which alleged malpractice is judged. To qualify as a legal issue, the medical professional must have acted incompetently, resulting in injury or death. A medical malpractice attorney in New York City can help you figure out if your case can be a medical malpractice claim.

    What Are Examples Of Medical Malpractice?

    Medical malpractice can result in patient harm, including serious injuries, brain damage, or even catastrophic injuries.

    Examples of medical malpractice include:

    • Misdiagnosis or delayed diagnosis, such as failure to diagnose cancer or failure to diagnose breast cancer, which can lead to serious injury or worsen a patient’s condition.
    • Failure to order or interpret medical imaging, which may result in missed diagnoses or delayed treatment.
    • Surgical errors, which are a common cause of patient harm and can result in preventable medical errors, serious injuries, or even catastrophic injuries.
    • Medication errors, such as prescribing the wrong drug or dosage.
    • Birth injuries, which can result from preventable medical errors during childbirth and may cause long-term harm to the child and family.
    • Cases involving failure, such as cases involving failure to diagnose cancer (including breast cancer) or failure to order appropriate medical imaging, leading to significant patient harm.
    • Continuous treatment, where ongoing or continuous treatment can impact the timing of a medical malpractice claim due to the statute of limitations.
    • Anesthesia errors, which can cause brain damage or other serious complications.
    • Failure to obtain informed consent before a procedure.

    Misdiagnosis

    One of the most common types of medical malpractice is misdiagnosis. A medical malpractice claim of misdiagnosis can include:

    • Missed diagnosis. The physical failed to recognize signs and symptoms of a medical condition.
    • Wrong diagnosis. A physician incorrectly diagnoses a patient. This can result in no treatment or inappropriate treatment.
    • Delayed diagnosis. A physician fails to diagnose a medical condition promptly, resulting in the condition worsening. A delayed diagnosis can make the condition difficult to treat.
    • Over-diagnosis. An over-diagnosis involves a medical professional diagnosing a patient with a condition they don’t have. This may lead to unnecessary testing or treatment.

    Surgical Error

    A surgical error is a mistake that’s made by a medical professional during an operation.

    Examples of surgical mistakes include:

    • Causing nerve damage
    • Performing the wrong procedure
    • Amputating the wrong limb or digit
    • Leaving a surgical instrument inside the patient’s body

    Some surgical errors can result in catastrophic injuries, which may require lifelong care and support.

    Medication Errors

    An error involving a medication can take several forms.

    Examples of medication errors can include:

    • Prescribing a medication that interacts with another medication the patient is currently taking
    • A delay in the administration of critical medication
    • Administering medication using the incorrect route
    • Mislabeling medication
    • Failing to adjust the dosage of medication for a patient with hepatic or renal impairment
    • Administering the incorrect dose of medication
    • Dispensing the wrong medication

    Anesthesia Errors

    The use of anesthesia allows a patient to undergo surgery pain-free and unaware of the procedure as it’s happening.

    Anesthesia errors can include:

    • Failing to track the vital signs of a patient when they are receiving anesthesia
    • Administering too little or too much anesthesia
    • Inadequate monitoring of the patient’s consciousness when sedated, resulting in the patient’s awareness under anesthesia
    • Delayed recognition of complications while the patient is receiving medication
    • Failure to maintain airway during anesthesia or to intubate a patient during anesthesia
    • Administering the wrong dosage of anesthesia or the wrong type of anesthesia
    • Failure to communicate with the patient concerning the benefits and risks of anesthesia

    Childbirth Mistakes

    Examples of medical malpractice involving childbirth include:

    • Improper use or delayed order of a C-section
    • Medication misuse
    • Failure to monitor for fetal distress
    • Incorrect use of vacuum extraction or forceps
    • Failure to diagnose or treat an infection in the infant or mother

    A New York City medical malpractice lawyer can figure out which of these examples applies to your injury case.

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    If you or a loved one has been injured in an accident or have been injured by another party in some other way, we are here to stand up for your rights. Our personal injury attorneys have been representing injury victims and their families in Long Island and throughout the nation since the early 1980s.

    Who Can Be Held Liable for Medical Malpractice?

    Medical malpractice can occur when a medical professional deviates from the high standard of care. A medical malpractice case or medical malpractice lawsuit may be filed against healthcare professionals or institutions responsible for negligence. Malpractice cases involve patients who suffer harm or injury as a result of negligence.

    In medical malpractice cases, it’s important to determine who should be held liable. Medical malpractice claims can involve multiple healthcare professionals. In some cases, multiple parties will share liability.

    Healthcare Providers

    Medical professionals, such as nurses, physicians, and other healthcare workers are the most common defendants. A lawsuit for medical malpractice can result in significant financial damages for the victim. Healthcare providers have a legal obligation to provide treatment that meets the accepted standard of care. If a medical professional fails to do so, they risk being held liable for any damages the patient incurred.

    Pharmacists

    If a pharmacist incorrectly fills a prescription by dispensing the wrong medication or the incorrect dosage, or if they fail to recognize a drug interaction with other medications the patient is taking at that time, they can be held liable.

    Hospitals, Clinics, and Other Types Of Medical Facilities

    A hospital is responsible for employing trained and licensed physicians and other healthcare workers, including nurses, nurse practitioners, anesthesiologists, and more.

    A hospital can be held liable for medical malpractice if:

    • The hospital failed to adequately verify an employee’s licensing, training, or education
    • The hospital failed to address issues or complaints regarding the behavior of an employee

    What is Circumstantial Negligence?

    If a patient receives treatment that falls below the standard of care and suffers because there wasn’t medical staff available to assist with their condition, the facility will be held liable instead of the staff on duty at the time. This is because the medical facility must ensure there is an adequate number of staff members on shift at all times, to maintain the acceptable standard of care.

    Who Else Can Be Held Liable for Medical Malpractice?

    Other parties that may share liability for medical malpractice can include:

    Wrongful conduct or else’s negligence by third parties, such as these manufacturers, can also result in personal injury claims or wrongful death lawsuits. Personal injury cases may arise from a variety of negligent or wrongful acts, not just those involving medical professionals.

    How Can a New York City Medical Malpractice Attorney Help?

    If you suffered injuries due to medical malpractice, you may be entitled to compensation. Unfortunately, medical professionals and hospitals often employ large legal teams that will go above and beyond to minimize a claim and avoid accepting liability. Because of this, you must seek legal representation from an experienced personal injury attorney and York medical malpractice lawyers at Parker Waichman LLP as soon as possible. If your case involves medical care outside the five boroughs, a New York medical malpractice attorney can help you explore your legal options across the state.

    Our attorneys are well-versed in medical malpractice law and the legal process, from thorough investigation to trial, ensuring your case is handled with expertise at every stage.

    When you hire a medical malpractice attorney on our legal team, they can help by:

    • Investigating the incident
    • Reviewing your medical records
    • Consulting with medical experts to uncover the truth, accurately calculate damages, and determine your future medical treatment needs and costs
    • Helping you recover compensation for lost wages, medical expenses, medical bills, and emotional distress
    • Negotiating a fair settlement
    • Filing a lawsuit on your behalf if settlement negotiations are not successful
    • Representing you in court

    Our goal is to secure maximum compensation for every client.

    Contact Us Today

    If you or a loved one believe you were the victim of medical malpractice, contact Parker Waichman LLP today to schedule a free legal consultation. When you hire a New York City medical malpractice lawyer on our legal team, they will work tirelessly to help you recover the compensation you deserve and hold the negligent party accountable for the harm you have suffered. Contact us today at (212) 267-6700 to learn more about how we can support you.

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