What are common examples of medical malpractice?
At, Oddo & Babat, we can provide you with a medical malpractice lawyer New York, NY New Yorkers have turned to for decades. Many New Yorkers have learned the value in working with a trusted and respected New York medical malpractice lawyer to protect their rights. If you or a loved one was injured due to the negligence of a surgeon or other medical practitioner, call us at 212-642-0950 to arrange a free consultation.
Unfortunately, medical mistakes are all too common, however, that doesn’t mean you should have to suffer or pay for the costs associated with a professional medical provider when they are irresponsible or negligent. If you are a victim of medical malpractice, talk to a medical malpractice lawyer New York, NY from Oddo & Babat. Here are three common examples of medical errors:
- Misdiagnosis of a medical condition. Doctors are not expected to get it right every time, however, in some instances, a physician should be able to interpret obvious clues or rule out causes after an examination, series of tests or treatments. The key criteria are that the physician did something, or failed to do something, that most doctors would have done under the same circumstances. If the misdiagnosis caused a delay in the treatment, and the patient suffered serious harm as a result of the delay, there may be grounds for a lawsuit.
- Injury to mother or child during childbirth. It may be a surprise to many that deaths during childbirth still occur in this day and age. This type of case is all too familiar to the average medical malpractice lawyer New York, NY. Sometimes it’s because the doctor made an avoidable mistake. In other cases, where there was no fatality, the baby and/or the mother suffered a serious injury due to the doctor’s negligence. Also, when complications arise, the doctor is expected to respond in a timely manner and with a reasonable amount of care. When a doctor fails to act reasonably, serious injuries can result, including:
– Seizure disorder due to a brain injury
– Cerebral palsy due to a brain injury
– Partial or full paralysis
– Fractured bones
– Brachial Plexus injury - Medication-related error. This is not always a result of the doctor making a mistake as it can happen anytime between when the prescription is written and when the pharmacy fills it. When you hire a medical malpractice lawyer New York, NY, they will need to determine exactly where the breakdown occurred as there are many common scenarios:
The doctor may note the wrong dosage amount. Too little, and the medication may not be able to do its job. Too much, and you may experience serious side effects or worse.The doctor may prescribe a medication that you are extremely allergic to. If you are allergic to a particular type of medication and your doctor was informed of this and yet still prescribed it to you, it could be grounds for a lawsuit, making it important to contact a New York, NY medical malpractice lawyer.
How much time do I have to file a medical malpractice lawsuit?
When you are trying to determine whether you have grounds for a medical malpractice lawsuit and you call a lawyer, one of the first things they may ask you is when the procedure or treatment took place. The reason a medical malpractice lawyer in New York would like to know the date of the potential incident is because these lawsuits have a strict statute of limitations.
If you or someone you care about has been injured because of the negligent or wrongful actions of a medical professional, you have a very short period of time to take legal action. It is critical that you seek a consultation with an experienced medical malpractice attorney New York, NY to determined the Statute of Limitations in your case.
The longer you wait, the less time you will have to file a lawsuit. Furthermore, if you miss the time limit to file a lawsuit, you will be forever barred from doing so.
The Standard of Care
When a patient has suffered injury due to the negligence of a medical professional, New York law allows them to pursue a medical malpractice lawsuit against that provider for the losses the patient has suffered. In order to be successful in that lawsuit, the patient – through their New York, NY medical malpractice lawyer – must prove that the medical professional was negligent and departed from the standard of care of good and acceptable medical care. When evaluating a case, a medical malpractice lawyer New York, NY will determine if there was a failure on the doctor’s part to adhere to the medical standard of care required by law.
Standard of care is the term applied to the level and type of care that another medical professional with a similar background will provide to a patient under similar circumstances. If the doctor failed to provide that standard of care and the patient was injured or their health otherwise put at risk, then that patient may be entitled to financial compensation for damages.
At, Oddo & Babat, our medical malpractice lawyers from New York, NY have years of experience advocating for patients who have suffered because of the negligence of their doctor. When our law firm prepares a malpractice case, one of the first steps we will take is to find a medical expert who will testify on the patient’s behalf as to how their doctor failed to provide the standard of care the patient was entitled to.
New York, NY medical malpractice lawyers will obtain an experienced physician who practices in the same field of medicine as the doctor who is accused of malpractice. During their testimony, he or she will:
- Detail the normal standard of care for the illness, condition, or injury the patient was treated for.
- Explain how the treatment the doctor provided to the patient failed to meet the standard of care it should have.
- Provide examples of how the patient was injured as a result of the doctor’s failure in his or her treatment.
If you have been a victim of medical negligence, contact a New York, NY medical malpractice lawyer today. Speak with a medical malpractice lawyer New York, NY injured patients turn to from Oddo & Babat, by calling us at 212-642-0950 to schedule a free consultation.