You know to sue for malpractice when the actions—or the negligent inaction—of your doctor, nurse, or another caregiver leads to bodily harm, injury, or other losses that you would not have suffered had your caregiver met accepted medical practice.
In other words, if you can show that a reasonably experienced and trained professional would have opted for a different treatment regimen for you that could have prevented or lessened the risk of injury, you may be able to sue for malpractice.
Per New York Civil Practice Laws & Rules (CVP) §214-A, there is also a legal deadline that limits the amount of time you have to file a medical malpractice lawsuit in New York. If you wait too long and allow the deadline to pass before taking legal action, you may lose your right to sue.
Actions That May Warrant a Malpractice Lawsuit
There are many ways medical negligence and malpractice can lead to physical injuries or other losses for which you may be able to sue for malpractice. Common forms of medical malpractice include the following.
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Many malpractice cases arise because of a doctor or caregiver’s misdiagnosis of an illness or injury. If a caregiver examines a patient but makes an error in diagnosing the issue at hand, the caregiver may administer treatments that are not needed or may not administer treatments that are. Misdiagnosing a patient can lead to serious harm, even death.
This occurs when a doctor or caregiver takes too long to arrive at a conclusive diagnosis for his or her patient. If the delay allows the patient’s ailment to worsen when it most likely would not have had a timely, correct diagnosis been made, the patient may be able to sue for negligence and malpractice.
There are many ways a surgical error can occur. A surgeon may perform an incorrect or unnecessary surgery or may not have the experience or training to perform a procedure. A surgeon may inadvertently damage a patient’s organs or other internal body parts, or the surgical team may administer an incorrect amount of anesthesia, drugs, or medicines. Unsterilized surgical instruments can lead to infections, follow-up care may be inadequate, and surgeons sometimes leave equipment inside patients. Surgeons have even performed procedures on the wrong part of the body.
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Birth injuries can lead to lifelong illness in the affected child. Birth injuries include:
- Shoulder dystocia
- Brain damage
- Cerebral palsy
- Erb’s palsy
- Bell’s palsy
- Spinal cord injuries
Incorrectly using delivery devices and not screening for birth-related health hazards in an expectant mother or the child soon after birth may lead to serious long-term physical injuries to a newborn baby.
If a negligent doctor prescribes a patient the wrong type of drug, the wrong dose of a drug, or a drug that causes the patient to suffer a harmful reaction, it may qualify as medical malpractice. If a pharmacist makes such errors they too may be held liable.
Types of Damages in a Medical Malpractice Case
There is a wide range of negative outcomes from medical malpractice, including worse conditions, new injuries, disability, and even death. According to Johns Hopkins Medicine, medical errors are the third-leading cause of death in the United States, resulting in over 250,000 deaths every year.
In a medical malpractice case, the recoverable types of damages may include:
- Current and future costs of treatment
- Lost wages or reduced earning capability
- Pain and suffering
- And more
In the tragic event that your loved one passed away due to medical malpractice, we extend to you our sincere, heartfelt condolences. A different set of damage types may be available to you. One of our medical malpractice lawyers will be happy to discuss this with you.
Call Friedman & Simon, L.L.P. Today
Friedman & Simon, L.L.P. handles medical malpractice cases in the greater New York City area. We understand the laws around medical malpractice in New York and will be happy to provide you with a free, no-obligation consultation on your case to help you know if and when you are able to sue for malpractice.
If you qualify, our firm will offer you representation on a contingency-fee-basis with no out-of-pocket costs required to start. When we work together on your case, Friedman & Simon, L.L.P. will:
- Keep you updated on your case
- Identify liable parties
- Communicate with all parties for you
- Gather evidence
- Determine a value for your case
- Fight with an absolute determination to win the best possible outcome for you.
We will also hire medical experts, vocational rehabilitation specialists, life care planners, and economists to testify on your behalf, as needed.
For a free consultation on your case with a member of our team, call Friedman & Simon, L.L.P. today at (516) 932-0400. We help callers in Spanish, Greek, Bengali, Tamil, and Kannada.