Any licensed healthcare provider can make a mistake, unfortunately, when a doctor or a nurse makes a mistake, it can result in harm to their patient. When that mistake is as a result of negligence, it is considered medical malpractice. Medical malpractice occurs when there is a delay in providing a timely diagnosis which might delay proper treatment, or it might be an error in a diagnosis thereby the wrong treatment causes harm to a patient and affects their quality of life. When a doctor, surgeon, nurse (registered, practitioner or licensed practical) or any licensed healthcare provider fails to provide service that meets a “standard of care” level they might have committed medical malpractice.
Medical professionals are charged with providing their patients with an accurate diagnosis and treating them for that diagnosis with their health in mind. Sometimes, even with an accurate diagnosis an unfortunate outcome results, therefore, it is important to note there is difference between a bad diagnosis and an unfortunate outcome. Examples of medical malpractice or medical negligence might include:

  • Negligence
  • Misdiagnosis or delay in diagnosis
  • Improper treatment of a disease or illness
  • Failure to obtain proper consent prior to a procedure
  • Surgical error or injuries caused by surgical errors
  • Anesthesia error
  • Emergency room errors
  • Prescription drug error or improper medication
  • Birth injury
  • Cerebral Palsy
  • Brain damage

If you believe you or a loved one has been a victim on medical malpractice or medical negligence, you generally have thirty months to file a medical malpractice claim in New York State. If you do file a claim, you should have an attorney who is trained to understand the complexities of malpractice law, and can evaluate your claim to ensure that you are fully compensated for any damages. Damages can include recovery of medical expenses, compensation for lost wages, reparation for permanent disabilities, or payment for pain and suffering.