Queens Medical Malpractice Lawyers

What is Medical Malpractice?

Medical malpractice occurs when a patient suffers harm from a medical professional who fails to uphold the standard of care. When medical malpractice is believed to have occurred, an attorney will look at the total level of care that should be provided in a specific situation, examining the actions of the medical professional in question and determining whether or not a reasonably competent medical professional with similar training would have taken the same actions in similar circumstances.

What Are Common Forms Of Medical Malpractice?

Many forms of medical malpractice can result in significant harm to an individual and result in a lawsuit. 

Some of the most common forms of medical malpractice include:

• Wrong-site surgery
• Delayed diagnosis
• Wrong procedure performed
• Dosage error
• Surgical errors
• Failure to order proper tests
• Inadequate aftercare
• Failure to adequately monitor a patient
• Premature discharge
• Anesthesia errors
• Unnecessary surgery
• Failure to prevent infection
• Misdiagnosis
• Wrong medication administered
• Leaving medical equipment inside a patient
• Medication errors
• Diagnostic errors

What Are the Four Elements Of Negligence?

To understand what constitutes medical malpractice, you need to know what the four elements of negligence are:

Duty of care

The healthcare professional has a responsibility to provide a certain standard of care to the patient. The medical professional must act skillfully and reasonably, just like any competent medical professional in a similar situation.

Breach of duty

The medical professional fails to meet the standard of care. They failed to take actions that a reasonable medical professional would in a similar situation.

Causation

The breach of duty by the medical professional directly caused injury or harm to the patient. It must be proven that the negligent action or inaction of a healthcare professional directly led to the individual’s injury and that the injury would not have occurred otherwise.

Damages

As a result of medical malpractice taking place, a patient suffered physical, emotional, or financial harm.

Who Can Be Held Liable for Medical Malpractice?

Medical malpractice can occur when a medical professional deviates from the high standard of care. Malpractice cases involve patients who suffer harm or injury as a result of negligence. 

In medical malpractice cases, it’s critical to determine who should be held liable. In some cases, multiple parties will share liability.

Healthcare Providers

Medical professionals, such as nurses, physicians, and other healthcare workers are the most common defendants. A lawsuit for medical malpractice can result in significant financial damages for the victim. Healthcare providers have a legal obligation to provide treatment that meets the accepted standard of care. If a medical professional fails to do so, they risk being held liable for any damages the patient incurred.

Pharmacists

If a pharmacist incorrectly fills a prescription by dispensing the wrong medication or the incorrect dosage, or if they fail to recognize a drug interaction with other medications the patient is taking at that time, they can be held liable.

Hospitals, Clinics, and Other Types Of Medical Facilities

A hospital is responsible for employing trained and licensed physicians and other healthcare workers, including nurses, nurse practitioners, anesthesiologists, and more. 

A hospital can be held liable for medical malpractice if:

• The hospital failed to adequately verify an employee’s licensing, training, or education
• The hospital failed to address issues or complaints regarding the behavior of an employee

What is Circumstantial Negligence?

If a patient receives treatment that falls below the standard of care and suffers because there wasn’t medical staff available to assist with their condition, the facility will be held liable instead of the staff on duty at the time. This is because the medical facility must ensure there is an adequate number of staff members on shift at all times, to maintain the acceptable standard of care.

Who Else Can Be Held Liable for Medical Malpractice?

Other parties that may share liability for medical malpractice can include:

• Manufacturers of medical devices
• Manufacturer of pharmaceuticals

How Can a Queens Medical Malpractice Attorney Help?

If you suffered injuries due to medical malpractice, you may be entitled to compensation. Unfortunately, medical professionals and hospitals often employ large legal teams that will go above and beyond to minimize a claim and avoid accepting liability. Because of this, you must seek legal representation from an experienced Queens medical malpractice lawyer at Parker Waichman LLP as soon as possible.
 
When you hire a medical malpractice attorney on our legal team, they can help by:

• Investigating the incident
• Reviewing your medical records
• Consulting with medical experts to uncover the truth, accurately calculate damages, and determine your future medical treatment needs and costs
• Negotiating a fair settlement
• Filing a lawsuit on your behalf if settlement negotiations are not successful
• Representing you in court

Contact Us Today

If you or a loved one believe you were the victim of medical malpractice, contact Parker Waichman LLP today to schedule a free legal consultation. When you hire a Queens medical malpractice lawyer on our legal team, they will work tirelessly to help you recover the compensation you deserve and hold the negligent party accountable for the harm you have suffered. Contact us today to learn more.