Medical malpractice occurs when a healthcare provider fails to meet the standard of care within their community. They have departed or deviated from the acceptable standard of care, AND that departure or deviation has resulted in an injury or death to a patient.
What are the Main Causes for the Origination of Medical Malpractice Claims?
One of the most common types of malpractice occurs when a medical professional fails to diagnose a certain condition, whether it is cancer, or an infection in a patient. Malpractice also occurs when a surgeon makes an error during a surgery, or a physician prescribes the wrong type of medicine or the wrong dose of medicine. Birth injuries suffered by an infant during the mismanagement of labor and delivery can be the result of gynecological or obstetrical malpractice.
What are the top Misconceptions People Have About Medical Malpractice Claims?
Many people feel that if a doctor has done something wrong, or potentially put them in danger that they can pursue a medical malpractice claim. An example is when a doctor writes a prescription, and the pharmacist fills that prescription with the wrong medicine. If the pharmacist gives you that medicine, and before you take it, you realize that it is the wrong medicine and do not take it, medical malpractice has not occurred. No injury was suffered as a result of the medication error. Many times, we get calls from people that have been offended, or treated improperly by healthcare providers, but the negligence on behalf of the doctor or the nurse does not, in and of itself, constitute a medical malpractice claim. A departure causally related to a permanent injury is necessary in order to pursue a medical malpractice claim.
Are Medical Malpractice Claims Only Against Doctors or Other Medical Professionals as Well?
Medical malpractice cases can be brought against many different types of healthcare professionals. Any factual scenario that involves any type of medical or nursing decision-making can form the basis of a medical malpractice cause of action. In New York, is not just doctors; malpractice cases can be pursued against any type of medical provider, such as nurses, physical therapists, chiropractors, dentists and dental hygienists.
Can Medical Malpractice Cases be Criminal in Nature as Well?
Most of these cases are civil (involve the pursuit of money damages). You are dealing with healthcare professionals who violated a standard of care, or failed to appreciate the potential harm in taking a certain course of action with respect to a patient. It is very rare that an action of a medical provider would rise to a level of a criminal act. However, it does not happen. We have seen doctors prosecuted for fraudulent billing, and in some instances, you can be prosecuted for negligent homicide if you are prescribing medications, and not monitoring the results, or the effects they have on your patients.
Are People Generally Hesitant to Bring Medical Malpractice Claims Against a Medical Professional?
People are hesitant when making a claim against most healthcare professionals. We want to trust our healthcare professionals and when they do something wrong we are hurt. Many times people will hesitate and say, “Well, it must not have been something that the doctor did; it must be something from an outside force, or something that I did. Maybe I made a bad choice”. I think that is just because we, as a society, want to believe that doctors and nurses and everyone in the healthcare profession has our best interests at heart, and most do. Nevertheless, when you are harmed because of a healthcare professional’s malpractice, there should be no hesitation about pursuing a claim.
Does a Case Have to be Extremely Serious in Order to Pursue Compensation?
In most instances, and for my firm, the answer is yes, it must be a serious claim. Medical malpractice cases are bitterly contested by defendants, and they are expensive to pursue for a plaintiff’s attorneys. In order for us to be involved in a medical malpractice case, the injury to the victim has to be severe, and in most instances, catastrophic in nature.
For more information on Medical Malpractice Claims In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 228-7369 today.
