New York City Medical Malpractice Lawyer
A patient should be able to trust their doctor and other healthcare providers. Unfortunately, medical errors are a leading cause of injury and death all across the country. If you or a loved one has been injured by a medical professional, a New York City medical malpractice lawyer at Parker Waichman LLP can help. The attorneys on our legal team are tough advocates for medical negligence and malpractice victims and know what it takes to build a strong case that will prove your demand for compensation.
What is and isn’t Considered Medical Malpractice?
Not every situation in which a patient’s condition worsens or something goes wrong is medical malpractice. Not every patient will respond to treatment in the same way and medical science makes no guarantees. If a patient’s condition is not treatable or becomes worse it is not considered malpractice. If the doctor acted with reasonable care and skill in choosing and following through with a course of treatment, no medical malpractice occurred.
Medical malpractice refers to cases where a medical professional’s negligence results in substandard treatment, causing harm, injury, or death to the patient. Medical malpractice comes in many forms and can occur at any point during treatment. To qualify as a legal issue, the medical professional must have acted incompetently, resulting in injury or death.
What Are Examples Of Medical Malpractice?
Examples of medical malpractice include:
Misdiagnosis
One of the most common types of medical malpractice is misdiagnosis. A medical malpractice claim of misdiagnosis can include:
- Missed diagnosis. The physical failed to recognize signs and symptoms of a medical condition.
- Wrong diagnosis. A physician incorrectly diagnoses a patient. This can result in no treatment or inappropriate treatment.
- Delayed diagnosis. A physician fails to diagnose a medical condition promptly, resulting in the condition worsening. A delayed diagnosis can make the condition difficult to treat.
- Over-diagnosis. An over-diagnosis involves a medical professional diagnosing a patient with a condition they don’t have. This may lead to unnecessary testing or treatment.
Surgical Error
A surgical error is a mistake that’s made by a medical professional during an operation.
Examples of surgical mistakes include:
- Causing nerve damage
- Performing the wrong procedure
- Amputating the wrong limb or digit
- Leaving a surgical instrument inside the patient’s body
Medication Errors
An error involving a medication can take several forms.
Examples of medication errors can include:
- Prescribing a medication that interacts with another medication the patient is currently taking
- A delay in the administration of critical medication
- Administering medication using the incorrect route
- Mislabeling medication
- Failing to adjust the dosage of medication for a patient with hepatic or renal impairment
- Administering the incorrect dose of medication
- Dispensing the wrong medication
Anesthesia Errors
The use of anesthesia allows a patient to undergo surgery pain-free and unaware of the procedure as it’s happening.
Anesthesia errors can include:
- Failing to track the vital signs of a patient when they are receiving anesthesia
- Administering too little or too much anesthesia
- Inadequate monitoring of the patient’s consciousness when sedated, resulting in the patient’s awareness under anesthesia
- Delayed recognition of complications while the patient is receiving medication
- Failure to maintain airway during anesthesia or to intubate a patient during anesthesia
- Administering the wrong dosage of anesthesia or the wrong type of anesthesia
- Failure to communicate with the patient concerning the benefits and risks of anesthesia
Childbirth Mistakes
Examples of medical malpractice involving childbirth include:
- Improper use or delayed order of a C-section
- Medication misuse
- Failure to monitor for fetal distress
- Incorrect use of vacuum extraction or forceps
- Failure to diagnose or treat an infection in the infant or mother
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