Do I Have a Medical Malpractice Case in New York?

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Do I Have a Medical Malpractice Case in New York?

It’s time to take another look at the important topic of medical malpractice. This critical issue affects New Yorkers all the time, which is why we dedicate so much of our advisory and defense efforts to it. Here, we’ll focus on what determines the case for medical malpractice and show common examples.

Medical Malpractice Court Hearing

Factors Determining Medical Malpractice

  • You had a verifiable doctor/patient relationship with a provider, who treated you, but failed to fulfill all of their obligations or “duty of care.”
  • The provider failed to do something that a reasonably skilled or competent doctor would have done regarding your particular condition and circumstances.
  • You suffered an injury that resulted directly from a medical error. This would need to be an injury that can improve through monetary compensation, which includes physical pain and mental suffering.
  • It should involve a significant monetary loss. In many cases, it’s common for malpractice suits to result in monetary rewards of at least tens of thousands of dollars.

Common Examples of Medical Malpractice

Those are the basic criteria for determining medical malpractice. The details are much more involved, but that’s a good bird’s-eye glance at it. With those criteria in mind, how many of these common examples look familiar?

  • Unnecessary surgery
  • Additional surgeries to correct previous malpractice
  • Permanent injury, including disability and death
  • Invasive treatment when conservative treatment would suffice
  • Birth injuries (especially resulting for rough deliveries)
  • Late diagnosis or failed diagnosis
  • Medication error (i.e., wrong dosage, pharmacy errors)
  • Preventable hospital injuries (i.e., falls)
  • . . . and several more.

If you have a general understanding of what constitutes medical malpractice, then you’ll know when you should seek our assistance. Whatever you do, don’t try to fight a malpractice case alone because you’ll be up against powerful forces. Always arm yourself with expert legal counsel.

If you’d like to learn more about this topic, you can review this similar post on the subject of medical malpractice.

Gruenberg Kelly Della is New York’s best defense law firm for all grievances related to personal injury and medical malpractice. Our talented legal staff has recovered eight figures in recompense for our clients. If you think you need help navigating a difficult medical malpractice situation, call us soon, at 631-789-1909 or fill out the form below.