Medical malpractice is negligence of a health care professional in the diagnosis, care, and treatment of a patient. These oversights may include misdiagnoses of a condition or disease, failure to inform the patient of the risks of a procedure or prescribed drug, negligently performing a procedure, prescribing a drug that could harm the patient due to preexisting conditions or allergies, or prescribing the wrong dosage of a drug.In New York there are special rules for presentation of a medical malpractice claim in court.
In general, there are three criteria to be met to have a legitimate claim of medical malpractice:
- The health care provider failed his duty toward the patient and provided negligent care.
- The patient realized recognizable harm or loss from this care.
- The damages are a result of the doctor’s mistake or misjudgment.
Negligence by a health care provider can include an error in diagnosis, treatment or illness management. A legal case for medical malpractice can be brought against:
- The doctor – if his or her actions deviated from generally accepted standards of practice
- The hospital – if improper care or inadequate training existed
- Local, state or federal agencies that operate hospital facilities
- Nursing Homes or extended care facilities’ failure to provide proper protection from falls, failure to prevent bed sores
Negligence can be the performance of an act or the failure to act. Negligence requires a state of mind that is found to be careless, inattentive, or otherwise reckless in its attitude toward others. Doctors can make mistakes that are minor and although these may represent an error, may not give rise to a legal claim.
However, if a health care provider’s error leads to injury, incapacity or death it is generally a legitimate and viable claim. Because laws governing medical malpractice, such as the statute of limitations for filing a suit and military cases, vary by state and jurisdiction, it is important to get all the facts before proceeding with a malpractice case.
If you feel you or a loved one have suffered neglect at the hands of a health care provider, speak with an experienced attorney who can assist in evaluating your case. Marvin A. Cooper, P.C. will ensure that your legal rights are protected, will provide expectations during each step of your personal injury case, and will take action on your behalf.
New York medical malpractice lawyer Marvin A. Cooper, P.C. law firm dedicated to representing victims of medical malpractice and negligently manufactured and marketed prescription drugs and medical devices.