You are said to be a victim of medical malpractice when you have received improper, negligent, or unskilled treatment from your physician, surgeon, nurse, dentist, pharmacist, or any other professional working in the health care business.
Negligence is a part of the Law of Torts. Liability here is the main issue. However, if you allege medical malpractice, you need to prove 4 elements: your physician owed you a duty of care; the said physician or surgeon deliberately or erroneously violated applicable standards of care; you have actually suffered an injury which is compensable; and the injury happened due to substandard conduct.
Since you are the plaintiff in the suit, the burden to prove all these four elements lies on you. The actual proof that an injury has indeed been caused to you not only includes the physical aspects of the physician's treatment, but the emotional effects as well.
Medical malpractice types
Misdiagnosis: Delayed, missed, or incorrect diagnoses are often the major causes of suits regarding medical malpractice. When doctors misdiagnose a patient's condition or, fail to diagnose the condition for some time, patients could miss the right treatment opportunities for preventing further damage or even death. Misdiagnosis indeed can lead to treatment that is inappropriate and may do more harm than good.
The foundation for such cases is actually proving what the attending physician did wrong while also showing how a more competent counterpart would have diagnosed the condition. If it's proved that a reasonably skilled and competent doctor wouldn't have made a similar mistake under the prevailing circumstances, the attending physician is liable to be held responsible for malpractice.
Obstetric & gynecological injuries: Injuries are often caused to an unborn fetus or to an infant during its birth. Some injuries are quite severe and include damages caused to the brain due to forceps delivery, vacuum extractor, or callousness during a caesarian section.
The attending obstetrician and gynecologist's fallacies could lead to seizure disorders and cerebral palsy later, fractures, and partial or full neo-natal paralysis. Moreover, if the physician fails to treat any condition that is responsible for such debacles, he is liable to face medical malpractice charges.
Moreover, negligence in prenatal care such as failure to diagnose medical conditions of the would be mother such as preclampsia, hypoglycemia, Rh incompatibility, gestational diabetes or anemia, ectopic pregnancies, HIV, herpes or lupus also falls within the ambit of medical negligence.
Errors in medication: One of medical negligence's most common facets. For instance, prescribing the wrong drug, administering a medicine inappropriately, or even failing to notice any potentially harmful side effects of the drug administered. In hospitals. It is also seen that the wrong patient gets the wrong medication. However, improper dosage, it is seen is the most common error so far.
Anesthesia errors: Anesthetic errors have often led to permanent paralysis, neurological damage and even death. Typical anesthesiological malpractice includes failure to investigate a patient's history for complications, or not informing the patient about compulsory preoperative procedures. Additionally, there may be overdosing of the anesthetic, failure in monitoring the vital signs of the patient and improper endo-tracheal intubation.
Surgical errors: Occasionally, surgeons are known to puncture organs or blood vessels, amputating wrong body parts or leaving behind surgical apparatus inside the patient's body. Alternatively, nursing staff are also liable for negligence during postoperative care if they give the wrong medication and resort to improper procedures, leading to infection.
A Law Firm for the Ages
No one said life is easy. But it can be a darker place if you are in a medical malpractice situation and you make the wrong move. The right move is to call up Rosenberg, Minc, Falkoff, & Wolff, LLP at (212) 697-9280. We know this domain. We know the procedures involved to tackle these types of cases.
Yelling at the hospital staff is pointless; the person who is at fault is no longer assigned to your case and probably avoiding you right now. These cases are difficult to win but if your case is viable we will get a medical expert to back up your claim so we have a case. That is essential. Call us now! You are in the right place. The first meeting is free and you pay us nothing up front. RMFW Law only takes a percentage at the end.
We want to win as badly as you do. RMFW Law knows how to win inside and outside of court!