Examples of Medical Malpractice Cases in New York

John Fisher
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Stopping Medical Injustice

Medical malpractice occurs in every medical setting; in hospitals, during surgery, at the doctor’s office, in clinics, and so on.  Moreover, many different kinds of medical professionals can be charged with committing medical negligence; primary care physicians, surgeons, anesthesiologists, assistants, technicians, nurses, dentists, pharmacists, podiatrists, and the like.  

Our experienced medical malpractice attorneys who practice law in the Hudson Valley regions of New York know that any of the above medical professionals, working in any of the above settings can commit diagnostic mistakes, mistakes during medical care, pharmaceutical mistakes, errors during surgery, and mistakes during post surgical care that which amount to medical malpractice. 

Once the doctor patient relationship is consummated, your treating medical professional must follow the proper standard of care that which is prescribed for treating your medical condition.  This means that if another medical professional under similar circumstances would have properly diagnosed your condition, then your doctor is negligent if he or she failed to make the proper diagnosis.  The standard of care varies from location to location, so there is really no national standard of care.

It may seem shocking to believe that doctors are misdiagnosing patients, but it does indeed happen.  Diabetes, heart conditions, and even fractures have been misdiagnosed. 

Even if the treating physician did diagnose the patient correctly, quite often the subsequent treatment was performed negligently.  Such can be due to inattention, inexperience, inadequate supervision, and or just plain recklessness or wantonness. 

Surgical errors happen for many reasons, such as that which is listed above, and because the facts about the patient are not properly communicated between medical staff.  Failing to read the patient chart and to become familiar with the patient’s history can lead to catastrophic results.  Patients have been given too much, or too little, anesthesia during surgery.  The wrong part of the patient’s body has been operated on.  The wrong patient was operated on, and so on.  Even if the doctor’s performed the right procedure on the proper patient, the procedure itself has been performed negligently. 

Not only must medical professionals follow the standard of care required for the surgery, post surgical care must be followed in accordance with the standards set forth by the medical profession.  Any mistake that should not have happened, and that which would not have been made by another similarly situated doctor, would be an act of medical negligence. 

Since medication typically accompanies post surgical care, pharmaceuticals must be dispensed properly and with the care required by doctors and pharmacists. 

In closing, please realize that every mistake does not necessarily rise to the level of negligence.  And even if the doctor was negligent, the patient must have suffered injury and damages in order to receive civil compensation.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com

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