A Beginner’s Guide to What Medical Malpractice Law Entails In New York
Medical malpractice cases are on the rise in New York, as they are in many other parts of the United States. While some have ascribed this to an increase in medical practitioners’ negligence, others say it is due to increased awareness of this sort of damage. With this knowledge, patients are bringing claims they originally never knew they could years ago and seeking compensation.
If you are still not clear as to what medical malpractice is about, this article serves as an overview that can help you.
What Does Medical Malpractice as a Personal Injury Entail?
Think of medical malpractice as someone either failing to do what they should in the manner that is expected of them, or not even doing it at all. The medical field is a very comprehensive one where the duty of care is seen as the lifeblood of the profession.
“With every diagnosis, treatment, surgery, and prescription, medical practitioners are expected to ensure they are as careful as they are correct,” says Attorney Michael Duffy of Duffy & Duffy, PLLC.
However, this is not always the case, as there are many reported cases of doctors wrongly diagnosing patients, giving the incorrect medications, or leaving medical equipment in patients’ bodies after surgery. These and many other types of negligent acts that can happen are what count as medical malpractice.
Common Types and Examples of Medical Malpractice in New York
Medical malpractice may occur as a result of wrong actions or failure to take certain actions. Understanding what medical malpractice is and how to identify it is key to protecting your health and rights. Here are some common examples of medical malpractice in New York:
- Surgical Mistakes: Surgeries can either be therapeutic or diagnostic. That is, they can be performed to treat a condition or to aid in diagnosis. However, several avoidable errors can be made during surgical procedures. This includes operating on the wrong organ, forgetting a surgical instrument within the body, and causing injury to surrounding organs.
- Wrong or delayed diagnosis: Misdiagnosis and delayed diagnosis predispose patients to disease progression, side effects of incorrectly-prescribed drugs, among other complications.
- Birth Injuries: Birth injuries include harm or injury to the baby or mother during labor and delivery. They often arise due to poor technique or misuse of assistive delivery tools, slow or poor prenatal monitoring and intervention, or unsafe delivery practices. Birth injuries can result in severe lifelong complications that impact quality of life, health, and finances.
- Prescription or Medication Mistakes: Prescription errors are costly and can result in life-threatening conditions or reactions. These mistakes can occur during prescribing, dispensing, or administering the drug.
- Failure to obtain Informed Consent: Before carrying out investigations, procedures, and treatments, healthcare providers are mandated to inform their patients about the potential benefits and risks. Following this, they are to get written consent from the patient. Failure to get informed consent from a patient can be termed medical malpractice and serve as grounds for a malpractice claim.
How to File a Medical Malpractice Claim in New York
It is not enough to claim that you have suffered medical malpractice; you must go further by instituting an action and supporting your claims with relevant evidence. However, there is a possibility you may be dealing with a medical facility that has a legal team and deep pockets. To ensure you are as prepared as they are, you may want to start by speaking with a medical malpractice attorney in New York.
Together with the attorney, you will work to establish the key ingredients of the case before going on to gather and present relevant pieces of evidence. Then, you must be prepared to either stand your ground in negotiation or develop a good strategy for trial.
Conclusion
As instances of medical malpractice are on the increase, so are the claims that flow from them. To bring a claim, you must understand what medical malpractice entails and be sure you have been a victim. However, considering how complex these claims can be for victims, it is always recommended that you work with an attorney. You can always contact a medical malpractice attorney in New York to guide you on the specifics of your case.
