We place our trust in medical professionals to provide us with the highest standard of care. When a doctor or nurse breaches that trust and behaves negligently, it can lead to serious—even life-threatening—consequences. Legally, when a medical professional acts negligently in their care of a patient, it’s known as medical malpractice.
Pursuing a medical malpractice claim on your own, however, can be difficult, as it requires you to navigate medical treatments and the complexities of the legal system. A New York medical malpractice lawyer can help. Before you confront your medical provider, call Buttafuoco & Associates: 1-800-NOW-HURT. Our medical malpractice team has the knowledge and experience to build your case.
What is Medical Malpractice?
Medical malpractice occurs when a medical professional treats a patient negligently, and when their careless actions lead directly to some kind of injury. The responsible party may be a physician, but could also include medical staff such as nurses, pharmacists, or radiologic technicians. The following elements must be present for a successful medical malpractice case:
- You were under the care of a medical professional or facility
- That party owed you a duty of care to treat your condition
- The party acted outside of the industry’s standard of care
- The party’s actions led directly to your injury
“Standard of care” is the term used to describe the actions an experienced and knowledgeable doctor would take in a given situation. For example, a doctor may fail to correctly identify a spot on a lung x-ray as cancer, allowing the cancer to progress. If another competent physician would have mostly likely identified the cancer correctly, you may have a medical malpractice case.
It’s also worth noting that a medical provider can do everything right and treatment still might not work. If a medical professional did everything they should have done, what another competent professional in that situation would have done, it’s most likely not medical malpractice.
This might sound simple, but proving medical malpractice is difficult without medical expertise. Often you need another medical expert to testify that your doctor did not follow a reasonable standard of care. A New York medical malpractice attorney can find the qualified experts necessary to help your case succeed.
Types of Medical Malpractice
Any medical practitioner from a surgeon to pharmacy technician can be liable for medical errors. The following are some common types of medical malpractice:
- Anesthesia Errors: An anesthesiologist may administer too much anesthesia, administer the incorrect drug, or fail to monitor vital signs.
- Delayed Diagnosis: A doctor’s failure to identify obvious signs of the disease leads to a preventable worsening of your condition.
- Dental Malpractice: A dentist or hygienist may fail to adhere to proper dental procedure.
- Medical Device Errors: An external or implanted medical device may malfunction or a medical provider could use it incorrectly.
- Medication or Pharmaceutical Errors: The incorrect medication or incorrect dose can cause serious harm.
- Misdiagnosis: A medical provider can diagnose you with the incorrect condition, allowing your actual condition to worsen or subjecting you to unnecessary treatments.
- Misread Imaging or Test Results: A doctor or technician may read your results incorrectly, leading to misdiagnosis or delayed diagnosis.
- Surgical Errors: These may be errors in surgical procedure or something more extreme, like a surgical team leaving items in the body, performing surgery on the wrong part, or performing the wrong surgery completely.
The Potential Effects of Medical Malpractice
Medical malpractice can cause severe physical harm and be financially devastating. You may require additional treatment, including surgery or medications, and in severe cases, this medical negligence can lead to death. Some medical malpractice cases can result in permanent disability or create new health conditions.
Financially, malpractice cases often lead to longer hospital stays and additional costly treatments. Also, many of these injuries keep people working while they recover, meaning you are likely to lose income and could permanently harm your ability to work.
Lastly, it’s important to highlight the emotional damage you may sustain from medical malpractice. A delayed diagnosis of cancer that allows your condition to progress to a more serious stage can be both physically and mentally devastating. Even smaller errors that lead to unnecessary treatment and physical suffering can cause depression and anxiety.
Getting Legal Help for Medical Malpractice
The New York law firm of Buttafuoco & Associates is here to help injured patients; you put your trust in someone to help, and they violated that trust. We’re here to help you get the compensation you deserve.
If you believe you were harmed because your medical provider behaved negligently, call 1-800-NOW-HURT for a free case review.