Medical Malpractice

Medical negligence is the third leading cause of death in the United States, trailing right behind heart disease and cancer. It’s a terrible irony to experience injury and worsened conditions when you or a loved one is seeking medical care and attention, yet this is the unfortunate and sobering reality that underlies medical malpractice cases and other preventable mishaps. When doctors, nurses, physicians, pharmacists, and other healthcare practitioners breach their duty of care by not acting in accordance with the medical community’s standard of care, and you experience an injury due to this negligence, you may have the grounds for a medical malpractice lawsuit.  

What are some medical errors that can lead to a medical malpractice case? 
It is a healthcare practitioner's legal and moral duty to provide attentive and timely care, yet many fall short in all areas of care, including gynecology, psychiatry, dentistry, chiropractic, Orth-pediatrics, pediatrics, and cosmetic surgery. Causes of negligence include mistaken patient identities, medication errors, improper transfusions, birth injuries, surgery errors (the deadliest being related to organs of the digestive system), anesthesia errors, a misdiagnosis or failure to diagnose, and lack of proper informed consent for the patient.  

Does postoperative negligence still count as medical malpractice? 
Absolutely. Medical malpractice is not limited to occurrences within the bounds of the doctor’s office. If a healthcare provider is inconsistent with monitoring a patient or fails to catch problematic symptoms, injuries may result, and this can be considered negligence as well. Examples of postoperative negligence can include blood clots, internal bleeding, infections (bloodstream, respiratory, viral) and sepsis, which can send the body into shock and shut down its organs, leading to death.

How long do I have to file a medical malpractice suit in NewYork? 
Even though NewYork has a two-and-a-half-year statute of limitations on filing a claim for medical malpractice, it is suggested you take action as soon as possible. In addition, to file an action against a New York City or municipal hospital a notice of claim has to be served upon the hospital within 90 days with some exceptions.  Medical malpractice cases are unique in that they involve the law as well as medicine, so hiring an under-experienced, clumsy, or mildly promising lawyer can cost you your case. While malpractice is obvious in certain cases, in others it is more subtle, nuanced, and detection requires enlisting the help of a medical expert, which a lawyer at Singh & Rani LLP would gladly do. Our experienced medical malpractice attorneys are here to help and ensure that the appropriate practitioners are held accountable for their damages in a timely manner. Call us today for a free, no-risk consultation to discuss your legal options.

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The information above is intended to provide limited information only and is not legal advice. The laws relating to slip-and-falls in New York are complex. If you are a party to a matter concerning a slip-and-fall, or otherwise need further guidance in this or a related area of law, Singh & Rani, LLP can assist you.