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Many people are injured each year due to medical malpractice, whether in a doctor’s office or a hospital. When a doctor fails to use due care and fails to follow accepted standards of medical care in treating a patient and the patient is injured, a medical malpractice lawsuit can arise. Medical malpractice can occur when a doctor fails to diagnose or misdiagnoses a condition resulting in the patient not receiving timely and proper care, when a surgical procedure is carelessly performed, resulting in injury or when a doctor’s advice falls below the necessary standard of care.

If you have suffered a loss due to medical malpractice, you can better understand your legal options with the help of a personal injury attorney. Asta & Bickoff, Personal Injury Lawyers represents individuals and families in New York medical negligence cases.

Medical errors are the third-leading cause of death in the United States, behind heart disease and cancer, resulting in over 250,000 deaths per year. New York medical malpractice is a devastating problem that impacts the lives of patients who suffer injury and mistreatment from their medical providers. Receiving substandard medical care in New York can be dire, from effects on physical health to significant financial losses and psychological trauma.

The New York medical malpractice lawyers of Asta & Bickoff, Personal Injury Lawyers, have a strong track record of fighting on behalf of New Yorkers—or loved ones—who have been injured due to a healthcare provider’s negligent medical practices.

Suppose you or a loved one has suffered mistreatment by a New York healthcare provider and experienced a physical, psychological, or financial injury. As a result, you may be entitled to compensation.

What Is Medical Malpractice?

Medical malpractice, also referred to as medical negligence, is a negligent action by a doctor, nurse, or another medical professional that directly results in patient injury or death. This includes instances where a medical professional did not act, resulting in negligence by omitting reasonable medical care.

Medical malpractice can occur in various medical settings, including hospitals, emergency rooms, family practice, surgical, specialist care, and outpatient settings. The primary element that unites medical malpractice cases omitting is the element of negligence, which in medical settings refers to a breach of the medical standards of care.

All medical professionals have a duty of care to their patients, requiring that they adhere to strict standards of care to ensure patients’ wellbeing and protect patients from unreasonable or preventable harm.

Medical negligence is a breach of this duty of care. Failing to adhere to medical standards of care is a liability issue that can substantiate a legal claim if the incident of medical negligence can be directly linked to the resulting injury or death of a patient.

Who Can Be Held Liable For Medical Malpractice?

Liability for medical errors and other instances of malpractice are dependent on the nature of the incident, the types of medical professionals involved, and the setting in which the incident of medical negligence occurs.

Liable parties in medical malpractice cases may include:

  • doctors
  • nurses
  • surgeons
  • nurse practitioners
  • pharmacists
  • hospitals
  • medical device manufacturers

Any medical professional who acts (or fails to act) in such a way that leads to injury, illness, or the death of a patient may be held liable for resulting consequences based on medical negligence.

Types Of Medical Malpractice

There are a variety of instances when medical malpractice can occur. Here are some examples:

  • misdiagnosis, delayed diagnosis, or missing diagnosis
  • surgical errors
  • inadequate training
  • incorrect dispensing of medication
  • inappropriate prescribing practices
  • anesthesia errors
  • misread test results
  • practicing without proper licensure
  • lack of informed consent
  • disregarding patient medical history
  • birth injuries
  • not providing appropriate treatment for a medical/psychiatric condition
  • negligent medical care during pregnancy, labor, or delivery
  • poor sanitation
  • botched medical procedures
  • Pediatric Malpractice
  • Radiation Malpractice
  • Cancer Malpractice
  • Brain Injury
  • Prescription Errors
  • Plastic Surgery Malpractice
  • Emergency Room Error
  • Hospital Negligence
  • Anesthesia Accident
  • Birth Injuries
  • Misread Diagnostic Study
  • Failure to Provide Appropriate Treatment
  • Treatment Delays
  • Other Medical Negligence

New York Surgical Medical Malpractice

Surgeons are more likely than all other healthcare providers to face allegations of medical malpractice. Research into medical malpractice cases across the U.S. has identified neurosurgeons, thoracic–cardiovascular surgeons, and general surgeons as healthcare providers most likely to face these allegations.

Surgeons tend to face very complex tasks in their profession, requiring an extended amount of education and training to practice in inpatient settings. However, within these complex procedures comes the risk of making quick but costly miscalculations, carrying enough weight to cause serious and potentially permanent injury to patients before or after they go under the knife.

The most common surgical errors reported in medical malpractice claims include:

  • anesthetic errors
  • poorly sanitized surgical equipment
  • neglecting vital signs
  • puncturing an organ
  • leaving surgical tools/instruments inside the body
  • failing to identify surgical complications before or during procedures
  • use of defective equipment
  • failing to inform patients of necessary pre-surgical procedures (e.g., fasting)
  • performing needless or non-consensual surgery

New York Hospital Medical Malpractice

New York hospitals receive an influx of millions of patients in any given year and are one of the most prominent settings where medical malpractice occurs. This can be traced to various factors, from overcrowding to understaffing, poor sanitation practices, hospital funding, and other contextual factors.

Forms of medical malpractice that occur in hospital settings include:

  • preventable surgical errors
  • medication errors
  • lack of proper sanitation
  • misdiagnosis
  • failure to diagnose
  • malfunctioning or defective equipment
  • childbirth complications
  • neglecting a patient’s condition
  • failing to order diagnostic tests or identifying appropriate treatment

New York Emergency Room Malpractice

Hospital emergency departments are fast-paced and can become stressful environments for healthcare workers and patients alike. Emergency room patients are often in a state of crisis and, in this time of crisis, rely on the medical professionals attending to them to care for them in an informed and skillful manner.

However, there are numerous ways to provide quality care in an emergency room that can go wrong. Emergency room medical providers are under immense pressure to diagnose, treat, and move on to their next patient as soon as possible to keep on tight and efficient schedules.

These risky working conditions can lead to a whole host of consequences, including:

  • diagnostic errors
  • medication errors
  • misreading test results
  • failing to order appropriate tests (e.g., X-rays, MRI)
  • neglecting patient’s medical history
  • failing to identify crucial symptoms
  • transferring patients to a hospital floor that is ill-suited to meet their needs

While doctors, nurses, and other medical aides in emergency departments may be under a great deal of duress, the fact remains that they are honor-bound to a duty of reasonable and appropriate care. Any mistake—minor or major—can have consequences, and in instances of crisis, the effects of malpractice can be dire.

Medical Device Errors

Many elderly patients, individuals with chronic illness, and others experiencing some form of ailment rely on medical devices to treat, identify, and diagnose medical issues.

Doctors regularly prescribe and recommend the use of devices for short- or long-term purposes to serve marked use within patients’ treatment plans for various health conditions.

The primary types of medical device errors that occur can be classified as manufacturing errors, design errors, or inadequate warnings. For some, medical devices that malfunction can pose a risk for life-threatening outcomes.

Medical devices that are otherwise ill-functioning or result in side effects not listed by the device manufacturer can also have unhealthful consequences, including negative interactions, delayed treatment, and misdiagnosis.

New York Medical Malpractice Laws

In instances where medical malpractice does occur, the New York State Department of Health is given authority to carry out disciplinary action against medical professionals found guilty of medical malpractice.

New York Statute Of Limitation For Medical Malpractice

Be aware that the statute of limitations – the time period to file a case – is two years and six months in New York for a privately owned hospital. For a public hospital owned by a municipality, the time limits involving municipalities apply. Therefore, a claim for medical malpractice against a public hospital will require a Notice of Claim to be filed within 90 days and a lawsuit filed within a year and ninety days.

Injuries in medical malpractice cases are not always evident when a doctor misdiagnoses, performs surgery or fails to order a critical medical test. The consequences of medical negligence can become apparent very quickly or sometimes appear over time. Sometimes, continuous treatment can extend the time period to file a medical malpractice claim. It is best to consult a lawyer immediately if you or a loved one is a victim of medical malpractice not to miss any deadlines.

In cases involving minors and in cases involving fraud or misrepresentation, the statute of limitations can be longer.

Several critical elements of medical malpractice cases must be present for a person to file a claim against liable parties for medical negligence.

The primary elements of a medical malpractice claim include the following:

  • standard of care violation:Plaintiffs must be able to prove that a violation of medical standards of care occurred by one or more parties within a medical setting. This may also be referred to as a breach of duty of care.
  • Causal link to injury:Plaintiffs must be able to prove that the instance of malpractice directly caused one or more injuries that would not have occurred with proper treatment.
  • Consequences of injury:Plaintiffs must be able to prove that significant consequences occurred as a result of their injuries. This can include significant financial cost, effects on physical health, psychological health, or other aspects of the plaintiff’s livelihood.

Under New York law, your case must be reviewed by a medical expert to determine if medical malpractice has occurred. If the medical expert finds malpractice, there is a case.

Damages Awarded In Medical Malpractice Cases

Medical malpractice can have devastating effects on a person’s livelihood and that of their loved ones, mainly if the medical error is significant enough to lead to permanent disability, serious illness, or death.

Medical malpractice claims provide victims of medical malpractice (or their surviving loved ones) with the opportunity to recover compensation for losses sustained due to malpractice. This comes in damages, which can be economical—medical bills—or non-economic, like mental anguish and psychological trauma.

Awarded damages in medical malpractice cases can be compensatory or, in some cases, punitive in nature. New York medical providers who receive malpractice judgments may face having their license revoked or losing professional society membership.

Compensatory damages come in the form of monetary compensation and are awarded based on the extent of an injured victim’s losses and losses they are projected to face in the future due to their injury.

Types of damages that may be awarded in New York medical malpractice claims include:

  • medical expenses
  • current and future treatment costs
  • lost wages
  • loss of earning capacity
  • permanent disability
  • disfigurement
  • loss of companionship (wrongful death)
  • home accommodations
  • pain and suffering
  • mental anguish
  • loss of enjoyment for life

Medical malpractice can be emotionally and physically devastating. Michael J. Asta, Esq. is one of New York’s leading accident attorneys with over 500 Million Dollars recovered for clients and over 30 years fighting for New Yorkers like you. You can be confident that the legal team at Asta & Bickoff, Personal Injury Lawyers is fully committed to winning the best possible results for our medical malpractice clients and their families. If you’ve been injured, call Asta & Bickoff, Personal Injury Lawyers at (212) 244-6555 or complete the contact form here on our website so we can help you. The consultation is free, and we work on a contingency basis meaning there is no fee until we obtain compensation on your behalf, guaranteeing you’ll never come out of pocket.

Asta & Bickoff, Personal Injury Lawyers, Where Quality Representation Doesn’t Cost, It Pays.

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