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What is Medical Malpractice?
Medical malpractice refers to the negligence or failure of a healthcare provider to meet the accepted standards of care, resulting in injury or the worsening of a patient’s condition. [1] It is a legal term that applies to a situation in which a medical professional deviates from what is considered reasonable and appropriate in their field of expertise.
Common Types of Medical Malpractice
Medical malpractice can occur in various scenarios, resulting in harm or injury to patients. Some common types of medical malpractice include misdiagnosis, birth injuries, medication errors, surgical errors, and hospital negligence.
- Misdiagnosis - Misdiagnosis is when a healthcare professional fails to correctly identify a patient's condition, leading to delayed or incorrect treatment.
- Medication Errors - Medication errors occur when healthcare providers administer the wrong medication or dosage, leading to adverse reactions or ineffective treatment.
- Hospital Negligence - Hospital negligence refers to inadequate care provided by the hospital staff, which can lead to patient injuries or complications. This can include issues like failure to monitor patients or unsanitary conditions.
Patients who have suffered medical malpractice may be entitled to compensation for medical expenses, physical pain, emotional suffering, and loss of enjoyment of life caused by the negligence of healthcare professionals.
Who Can be Held Accountable for Medical Negligence?
When it comes to medical negligence, accountability extends beyond just doctors. Various healthcare providers can be held responsible for medical malpractice, including hospitals, nursing homes, medical facilities, doctors, surgeons, radiologists, specialists, nurses, and physician assistants.
- Medical Institution - Hospitals, as institutions that provide medical care, can be held accountable for medical negligence if their staff members' actions or omissions result in harm to a patient. Similarly, nursing homes have a duty of care towards their residents and can be held responsible for negligence if their staff fails to meet the expected standard of care.
- Medical Professionals - Doctors, as the primary healthcare providers, can also be held accountable for medical malpractice if they make errors or fail to provide the appropriate standard of care. Surgeons, radiologists, and specialists who perform specific medical procedures or provide specialized treatment can also be held responsible for negligence during their respective areas of practice.
Nurses, as integral members of the healthcare team, have a duty to provide safe and competent care to patients. If a nurse’s actions or omissions result in harm, they can be held accountable for medical malpractice. Similarly, physician assistants who work under the supervision of doctors can also be held responsible for their negligence.
Table of Contents
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What is Medical Malpractice?
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Common Types of Medical Malpractice
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Who Can be Held Accountable for Medical Negligence?
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Compensatory Damages Associated with Medical Negligence
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Statute of Limitations on Filing a Medical Malpractice Claim
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Hire an Experienced New York City Medical Malpractice Lawyer Today
Related Information
Compensatory Damages Associated with Medical Negligence
When a patient suffers harm as a result of medical negligence, they may be entitled to compensatory damages. Compensatory damages are intended to provide financial compensation for the losses and injuries caused by the negligence.
Economic Damages
In a medical malpractice case, economic damages refer to the financial losses experienced by the victim as a result of medical negligence. These monetary damages are meant to provide compensation for the direct monetary impact of the incident:
- Assistive Devices and Medical Equipment
- Funeral and Burial Expenses
- Home Health Care and Nursing Services
- Legal Costs
- Long-Term Care Costs
- Lost Income
- Medical Treatment Expenses
- Prescription Medications
- Rehabilitation and Therapy
- Transportation Expenses
Economic damages in a medical malpractice case encompass reimbursement for medical expenses, anticipated future medical expenses, lost wages, and loss of future earning capacity.
Non-Economic Damages
Non-economic damages are another important aspect of compensation in medical malpractice cases. Unlike economic damages, which aim to reimburse for tangible financial losses, non-economic damages are awarded to compensate for intangible losses that have a significant impact on the victim’s quality of life. Here are common non-economic damages:
- Disfigurement and Scarring
- Emotional Distress
- Inconvenience and Disruption of Life
- Loss of Companionship
- Loss of Consortium
- Loss of Enjoyment of Life
- Loss of Reputation
- Pain and Suffering
- Permanent Disability and Impairment
When determining the amount of non-economic damages to award, the severity and impact of the medical malpractice play a major role. Factors such as the extent of physical and emotional pain, the duration of suffering, and the long-term effects on the victim’s life are considered.
Statute of Limitations on Filing a Medical Malpractice Claim
In New York, there is a Statute of Limitations that imposes a time limit on filing a medical malpractice claim. This time period is vital, as failing to file within the specified timeframe can result in the loss of the right to pursue compensation for the injuries caused by medical negligence.
In general, the Statute of Limitations for filing medical malpractice lawsuits in New York is two years from the date of the alleged medical error or from the end of continuous treatment for the condition related to the malpractice.
Hire an Experienced New York City Medical Malpractice Lawyer Today
If you’ve been a victim of medical malpractice in New York City, our team of dedicated New York City medical malpractice attorneys is here to help you navigate the complexities of your case and seek the compensation you deserve.
As skilled personal injury lawyers, we understand the importance of determining liability in a medical malpractice case. We will thoroughly investigate your claim, consult with medical experts, and gather evidence to build a strong case on your behalf. Our goal is to hold the responsible parties accountable for their actions and secure the fair compensation you need to recover from your injuries.
Don't wait to seek justice for the harm you have endured.
Contact our dedicated New York personal injury lawyers today to schedule a consultation. We are here to fight for your rights and help you move forward with your life.
Source:
[1] Brazier, Y. (2023, June 8). What is medical malpractice? https://www.medicalnewstoday.com/articles/248175
Goldberg & Loren Personal Injury Attorneys
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New York, NY 10019
(646) 719-0444
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