Types of Medical Malpractice
Medical malpractice takes in a wide variety of errors in the diagnosis and treatment of illness or injury. Common types of error include:
Failure to diagnose. A doctor has a duty to use care, skill and diligence in diagnosing your illness, so that proper treatment can be recommended. Proper diagnosis includes inquiry about medical history and family medical history; a detailed description and review of current symptoms; a thorough examination which includes necessary diagnostic tests; and consultation or referral to an appropriate specialist if history, symptoms, examination, and limitations in the professional’s own expertise require it. A medical professional’s failure to exercise the diagnostic care, skill and diligence of a competent professional in that field in the same geographic area may give rise to a medical malpractice claim.
Example: If a woman believes that she has a lump in her breast, and the family doctor assures here that the lump is nothing to be concerned about, and the lump is later determined to be cancerous, the family doctor may be liable if he should have taking additional steps, such as ordering a biopsy or sending the woman to see a specialist. The extent of the liability of the doctor will be dependent upon what damages the woman likely would have not suffered if the cancer had been properly detected.
Improper treatment. Lack of professional care, skill and diligence in either the choice of treatment or the administration of treatment may give rise to a malpractice claim. Common treatment errors include medication and prescription errors; surgical errors; failure to remove surgical instruments, sponges, needles or other foreign objects; medical charting errors that result in improper medication or other improper interventions; continuation of a treatment shown to be ineffective and/or failure to advise the patient of other treatment options; abandonment of a patient during treatment; and other below-standard treatment choices or performance.
Warnings and Informed Consent. Doctors also have a duty to disclose information pertaining to the treatment you will receive. Failure to advise the patient of a diagnosis or of available treatment options, including potential negative outcomes, may constitute malpractice.
For more information, please read “Common Causes of Medical Malpractice in New York“, and “Damages from Medial Malpractice in New York“.
Our Medical Malpractice Representation
We are available to represent clients in all types of medical malpractice cases. As experienced New York medical malpractice lawyers, we conduct a thorough investigation of the cases of our clients, and typically retain medical experts to assist in determining whether it appears that medical malpractice did, in fact, take place. We would invite you to call us for a free, no-obligation appointment if you believe that you or a loved one was the victim of medical malpractice. At this meeting, once we learn about your case, we can explain the process of seeking a recovery for medical malpractice based upon your matter. In most cases our services are performed on a contingency fee basis, so we are only entitled to a fee is we are able to obtain compensation for you through a settlement or trial.
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