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New York Medical Malpractice

Every year thousands of people are injured as a result of medical malpractice in New York State. Medical malpractice is negligence committed by a professional health care provider; a doctor, nurse, technician, dentist, or hospital or hospital worker-whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.

Most medical malpractice actions are filed against doctors who have failed to use reasonable care to treat a loved one or yourself. The profession itself sets the standard for malpractice by its own custom and practice. Historically under the so-called "locality rule," a doctor was required only to possess and apply the knowledge and use the skill and care that is ordinarily used by reasonably well-qualified physicians in the locality, or similar localities, in which he or she practiced. But today the trend is toward abolishing such a rule in favor of a national standard of practice.

Medical malpractice suits arise under the following circumstances:

• Against a government agency that operates hospitals or provides specified medical care.
• Against a hospital for administering improper or overdoses of medication, negligent nursing care, inadequate sanitation, infection, or equipment failure.
• Against a physician, who in the general practice of medicine, deviate from the general accepted standards of practice in the community.
• Against a medical specialist who deviates from a nationally accepted standard of practice for specialists in that field of medicine.

Suits Against Physicians

In suits against the physicians, medical malpractice most commonly occurs under the following circumstances:

• The physician delayed diagnosis of a medical condition, or failed to diagnosis the patients medical condition altogether.
• The physician properly made the correct diagnosis, and then failed to properly treat the medical condition properly.
• The physician failed to perform a surgical procedure properly; or
• The physician fails to obtain the informed consent of the patient before performing a procedure or operation.
• Surgery on the wrong limb
• Misuse of a medical device or implant
• Incorrect reading of X-rays
• Birth trauma

If you or a loved one suffered and medical malpractice injury in New York State and were seriously injured, please fill out the form at the right for a free case evaluation by a qualified medical malpractice attorney.