New York City Medical Malpractice Lawyer

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 New York City medical malpractice lawyer at Parker Waichman LLP can help. The attorneys on our legal team 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.

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 refers to cases where a medical professional’s negligence results in substandard treatment, causing harm, injury, or death to the patient. Medical malpractice comes in many forms and can occur at any point during treatment. To qualify as a legal issue, the medical professional must have acted incompetently, resulting in injury or death.

What Are Examples Of Medical Malpractice?

Examples of medical malpractice include:

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

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
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Who Can Be Held Liable for Medical Malpractice?

Medical malpractice can occur when a medical professional deviates from the high standard of care. Malpractice cases involve patients who suffer harm or injury as a result of negligence.

In medical malpractice cases, it’s critical to determine who should be held liable. 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:

  • Manufacturers of medical devices
  • Manufacturer of pharmaceuticals

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 New York City medical malpractice lawyer at Parker Waichman LLP as soon as possible.

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
  • Negotiating a fair settlement
  • Filing a lawsuit on your behalf if settlement negotiations are not successful
  • Representing you in court

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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 to learn more.
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