What is Medical Malpractice?
Common Types of Medical Malpractice
Medical Malpractice is a type of professional negligence that occurs when a healthcare professional or provider, such as a doctor, nurse, or hospital, fails to provide the appropriate standard of care to a patient, resulting in harm, injury, or death. Medical malpractice can occur due to errors in diagnosis, treatment, surgery, medication, or follow-up care. Examples of medical malpractice may include misdiagnosis, surgical errors, medication errors, birth injuries, failure to diagnose, and failure to obtain informed consent from a patient. To prove medical malpractice, a patient or their family must demonstrate that the healthcare professional or provider deviated from the accepted standard of care, and that this deviation caused the patient's injury or harm. Medical malpractice can result in a legal claim for damages, which may include compensation for medical expenses, lost wages, pain and suffering, and other damages.
There are many types of medical malpractice, but some common examples include:
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Misdiagnosis or delayed diagnosis: This occurs when a healthcare professional fails to accurately diagnose a condition, or when they take too long to make a correct diagnosis. This can result in a patient receiving the wrong treatment or no treatment at all, which can lead to further harm or complications.
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Surgical errors: This occurs when a surgical procedure is performed incorrectly, such as operating on the wrong body part, leaving surgical instruments inside the patient, or causing nerve damage during surgery.
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Medication errors: This occurs when a healthcare professional prescribes the wrong medication, administers the wrong dose, or fails to check for potential drug interactions. Medication errors can result in serious harm or death.
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Birth injuries: This occurs when a healthcare professional fails to provide appropriate care during labor and delivery, which can result in harm to the mother or the newborn, such as cerebral palsy, Erb's palsy, or brain damage.
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Anesthesia errors: This occurs when a patient is given too much or too little anesthesia during a medical procedure, or when the anesthesia is not properly monitored.
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Failure to obtain informed consent: This occurs when a healthcare professional fails to inform the patient of the risks and benefits of a medical procedure or treatment, or when they perform a procedure without the patient's consent.
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Failure to properly treat a condition: This occurs when a healthcare professional fails to provide appropriate follow-up care or treatment for a medical condition, which can lead to further harm or complications.
These are just a few examples of medical malpractice, and there may be many other situations where a healthcare professional's negligence results in harm to a patient.
To prove medical malpractice, the following elements must be established:
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Duty of care: The healthcare professional had a duty to provide the appropriate standard of care to the patient. This means that the healthcare professional had a legal obligation to provide care that was consistent with the accepted medical standards in their area of practice.
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Breach of duty: The healthcare professional breached the duty of care by failing to provide care that was consistent with the accepted medical standards in their area of practice. This means that they failed to act as a reasonable and prudent healthcare professional would have acted under similar circumstances.
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Causation: The breach of duty caused the patient's injury or harm. This means that the patient's injury or harm was a direct result of the healthcare professional's breach of duty.
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Damages: The patient suffered damages, such as physical or emotional harm, medical expenses, lost wages, or pain and suffering.
To establish these elements, a patient or their family may need to gather evidence, such as medical records, witness statements, expert testimony, and other evidence that demonstrates the healthcare professional's breach of duty and the resulting harm to the patient. It is important to consult with an experienced medical malpractice attorney who can help gather and present evidence to support a claim.
Proving Medical Malpractice
Top-Rated Medical Malpractice Law Firm
At Leitner Varughese Warywoda, we understand the devastating impact that medical malpractice can have on the lives of patients and their families. Our experienced attorneys are committed to securing justice for those who have suffered injuries or death due to the negligence or substandard care of medical professionals.
What is Medical Malpractice? Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, hospital, or other medical professional, fails to meet the proper standard of care, resulting in harm to a patient. This can include errors in diagnosis or treatment, failure to properly inform a patient of risks, surgical errors, birth trauma, and other issues that can cause serious harm or death.
What Must be Proven in a Medical Malpractice Case? To bring a medical malpractice case, you must prove that the healthcare provider's care fell below the reasonable standard of care and that this resulted in harm to the patient. This often requires the support of an expert physician who can testify that the healthcare provider's actions were a departure from the appropriate standard of care for the patient's condition.
Types of Medical Malpractice Cases There are a wide range of medical malpractice cases, including:
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Medication Errors: Medication errors can occur when healthcare providers prescribe, dispense, or administer the wrong medication or wrong dosage, which can lead to serious harm or even death.
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Anesthesia Errors: Anesthesia errors can occur when healthcare providers fail to properly administer anesthesia or fail to monitor the patient during anesthesia, which can result in brain damage, heart attacks, or even death.
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Nursing Home Neglect: Neglect in nursing homes can take many forms, including failing to provide proper care, failure to monitor and treat bedsores or other injuries, unhygienic conditions, and withholding food or water.
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Misdiagnosis or Delayed Diagnosis: A delay in diagnosing or misdiagnosis can lead to a patient's condition worsening or not receiving the appropriate treatment in a timely manner.
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Failure to Obtain Informed Consent: Healthcare providers are obligated to inform patients of the risks and benefits of medical treatments and procedures, and failure to obtain a patient's informed consent may constitute medical malpractice.
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Improper Treatment: Healthcare providers may provide treatment that is not appropriate for the patient's condition, leading to further injuries or worsening of the condition
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Birth Trauma: Birth injuries can occur due to the actions or negligence of medical professionals during labor and delivery. These injuries can have lifelong consequences for the child and their family.
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Failure to Diagnose Cancer: If a healthcare provider fails to properly diagnose cancer in a timely manner, it can lead to the disease progressing to a stage where it is more difficult to treat, leading to more severe and potentially fatal consequences.
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Surgical Errors: Errors during surgery can include operating on the wrong body part, leaving foreign objects in the patient's body, or causing other injuries during surgery.
It's important to note that medical malpractice cases can be complex and require extensive medical and legal knowledge. If you or a loved one have experienced harm due to medical malpractice, it's important to consult with an experienced and knowledgeable attorney who can help you navigate the legal process and secure the compensation you deserve.
Leitner Varughese Warywoda is a premier New York City law firm representing people that were seriously injured as a result of medical errors and malpractice.While there are no guarantees in medicine, mistakes that should never have happened sometimes occur as a result of medical negligence. In the event that a hospital, doctor, nurse, or other licensed healthcare provider failed to provide proper treatment, and deviated from the standard of care, the injured victim or surviving family may pursue a medical malpractice claim against the responsible party. Under such circumstances, the patient may be entitled to recover for past and future: pain and suffering, medical expenses, and loss of earnings. A spouse can recover for loss of services. In a death case, the next of kin can recover for their losses as well.
If you or someone you care about has been harmed by a medical or physician error, you may feel overwhelmed with questions and frustration. With a call to the legal team at Leitner Varughese Warywoda, we can guide you through the very complicated legal issues surrounding your potential claim and your available options through a free consultation. Dial (855) LV LAW NY (855-585-2969) to speak with an experienced medical malpractice attorney in New York today.
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Failure to diagnose cancer
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Delay in diagnosing colon or breast cancer
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Excessive bleeding after surgery resulting in neurologic damage
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Childbirth and delivery negligence
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Improper hospital care
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Failure to treat cardiac systems
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Neurologic or brain damage resulting from lack of oxygen during surgery
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Orthopaedic errors
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Colonoscopy punctures
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Surgery errors
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