Share

Brooklyn, NY Legal Blog

Sunday, January 28, 2018

Common Types Of Medical Malpractice

Medical malpractice is when a healthcare professional breaches their duty of care to a patient, resulting in injury or death. Fortunately, these cases are fairly rare, but when they do occur the consequences can be devastating.

A variety of situations can lead to a medical malpractice claim.  The situations range from a doctor leaving a sponge or foreign object in a patient’s body during an operation to failing to tell a patient that a prescribed drug might cause heart failure.  Common New York medical malpractice categories include:

1.  Misdiagnosis: Missed or delayed diagnoses are major causes of malpractice complaints. When a doctor misdiagnoses a condition or fails to diagnose a condition for some period of time, the patient could miss treatment opportunities that might have presented serious harm or death. Indeed, a misdiagnosis could lead to the prescription of treatments that are not appropriate for the patient, also potentially resulting in harm. The key to such a case is showing what the treating doctor did wrong and how a competent doctor should have gone about diagnosing the condition. If a reasonably skillful and competent doctor would not have made the same mistake under the same circumstances, then the treating doctor may be liable for malpractice.

  • The five most commonly misdiagnosed diseases or conditions are infections, tumors or masses inside the body, heart attack, a blood clot in the lung and heart disease.

2.  Improper treatment: If a doctor treats the patient in a way that no other competent doctor would, the patient could have a medical malpractice claim. Similarly, it may also be malpractice if the doctor selects the appropriate treatment but administers it incompetently.

3.  Failure to warn a patient of known risks: Doctors have a duty to warn patients of known risks of a procedure or course of treatment. This is known as the duty of informed consent. If a patient, once properly informed of possible risks, would have elected not to go through with the procedure, the doctor may be liable for medical malpractice if the patient is injured by the procedure.

4.  Surgical Error: Occasionally, a surgeon might make a mistake in the operating room. A surgeon might make negligent errors during the surgery itself, like puncturing an organ or blood vessel, operating on the wrong body part, or leaving surgical equipment inside the body. Alternatively, nursing staff could be negligent in postoperative care, resulting in giving the wrong medications, using improper procedures that could lead to infection, or failing to give the patient adequate instructions for their own postoperative recovery needs.

5.  Child Birth, Pregnancy and Labor. So much can go wrong during a pregnancy and delivery that, even in the twenty-first century, medical negligence affecting both the mother and/or child during pregnancy and childbirth is still a problem. Some of the leading types of medical malpractice during pregnancy and childbirth are due to the following medical problems:

  • Excessive and unexplained vaginal bleeding

  • Placental abnormalities (placenta previa or placental abruption)

  • Mother’s gestational diabetes

  • Excessively long labor that causes injury to the mother and the baby

  • Hemorrhage of the mother during pregnancy or labor

  • Surgical negligence during a C-section

  • Negligence in administering anesthesia during labor or a Caesarian section

  • Premature babies

  • Shoulder dystocia or other nerve injury of the baby during labor

New York State Statute of Limitations for Medical Malpractice

Each state set their own limits on how long a patient can wait to file a medical malpractice lawsuit. In the New York State, the statute of limitations is two and a half years from when the patient knew or should have known that an injury occurred and that it was likely due to medical malpractice.  If however, you are suing a municipal hospital, you must file a Notice of Claim within 90 days from when the patient knew or should have known that an injury occurred and that it was likely due to medical malpractice and must commence a lawsuit against the municipal hospital within one year and 90 days.

Time can be of the essence if you or a loved one has a possible medical malpractice claim. It is important to speak to an experienced New York medical malpractice attorney as soon as possible.

Contact a New York Medical Malpractice Attorney

Medical malpractice lawsuits differ from other personal injury cases because they involve two intertwining areas of expertise: law and medicine. These cases are inherently complex and require the attention and skill of an attorney who is well-versed in both of these areas. The attorney you choose should:

  • Have a firm understanding of medicine

  • Be able to decipher medical documents

  • Know which experts to consult

  • Know which questions to ask

  • Be able to anticipate the tactics of the other side

If you have been injured due to a mistake by a doctor, nurse or other medical professional, you may be entitled to compensation to cover the costs.  In order to determine if you have a valid claim for medical malpractice you should contact The Law Offices of Effie Soter, P.C. to schedule a free consultation to discuss your rights. Call us today at 646-504-7384 or contact us via email to learn more about your rights so that we can obtain the best outcome for you.


Blog Categories

$90,000 Settlement Update for Bed Bugs case!!!

**REMINDER - April 1 - Rent Registration Begins

10 Facts for Property Owners About Section 8

10 Facts for Property Owners About Section 8

12 Tips For Giving A Personal Injury Deposition In New York State

A Property Owner Has A Duty To Properly Remove Snow And Ice From Their Prop

Access by the Disabled: Court rules on "Reasonable Accomodations"

Access by the Disabled: Court rules on "Reasonable Accomodations"

Appellate Court Holding in Bedbug Case

Appellate Court Holding in Bedbug Case

April 1 Rent Registration Begins

Brooklyn Jury Awards A 64 Year Old Woman $450,000 In Damages For A Slip And

Brooklyn Jury Awards Driver In A Rear-End Collision A Damages Award In Exce

Brooklyn Jury Awards Plaintiff $50,000 For Injury To Knee In A Rear End Col

Brooklyn Jury Rules For Plaintiff In Motor Vehicle Accident

Brooklyn Jury Rules In Favor Of Driver Seriously Injured In A Rear-End Acci

Cable Television Update For Rent Stabillized Units

Cable Television Update For Rent Stabillized Units

Cable Television Update For Rented Apartments

Cable Television Update For Rented Apartments

Can a landlord force a tenant out...

Can I enter into a tenant's unit?

Can Photographs From An Accident Scene Help Hold Someone Negligent For Your

Carbon Monoxide Detector Update

Common Types Of Medical Malpractice

Contracts Litigation Question

DHCR Releases New Schedule of Rent Decreases for Tenants Paying for Their

DHCR Releases New Schedule of Rent Decreases for Tenants Paying Electricity

Do I Have A Valid Risperdal Lawsuit?

Do Your Personal Injury Medical Records Contain Any Red Flags That Will Imp

GREEN BUILDINGS PROGRAMS: NYC provides residential tools that help homeowne

GREEN BUILDINGS PROGRAMS: NYC provides residential tools that help homeowne

Heartache at the Bedbug Hotel

HELPFUL LINK FOR OWNERS| Con Ed Helps owners and renters reduce their energ

HELPFUL LINK FOR OWNERS| Con Ed Helps owners and renters reduce their energ

Hotel Bed Bug Lawyer

Housing Court Gets Three New Judges

Housing Court Gets Three New Judges

How An Insurance Adjuster Works To Limit Your Settlement In A New York Pers

How Long Do I Have To File A Claim In New York State?

How Negligent/Inadequate Security Results in Personal Injury Lawsuits

How To Establish Liability For A Slip And Fall Accident

How To Maximize Your Recovery For Your Personal Injury Claim

http://nypost.com/2014/03/23/disabled-woman-sues-nycha-for-failing-to-move-

International Women's Day

International Women's Day - March 8, 2013

International Women's Day - March 8, 2013

Internet Update For Rent Stabillized Units

Internet Update For Rent Stabillized Units

Internet Update For Rented Apartments

Internet Update For Rented Apartments

Internet Update in Rental Units

Internet Update in Rental Units

Landlord Tenant Lease Question

Landlord Tenant Question

Landlord Tenant Question

Landlord/Tenant Question

Landlord’s Responsibilities in a Negligent Security Action

Latest Settlement Victory!

Latest Success Story!

MANHATTAN BICYCLE ACCIDENTS

MOLD IN NYCHA DEVELOPMENTS LINKED TO ASTHMA

MOLD REMEDIATION TIPS

Moving Violation Question

My First Blog Post

MY LATEST COURT VICTORY

MY LATEST HOUSING COURT VICTORY

New Blog: Stay up to date on the Supreme Court Rent Control Challenge!

New Blog: Stay up to date on the Supreme Court Rent Control Challenge!

New DHCR Fact Sheets

New York Product Liability Claims Involving Dangerous Drugs

NYC Hotels to Require Bed Bug Inspections Every Six Months Under New City C

NYCHA Claims Progress in Section 8 Cleanup

NYCHA Claims Progress in Section 8 Cleanup

NYCHA Claims Progress in Section 8 Cleanup

NYPD Now Tracks Bicycle Accidents

NYPD Now Tracks Bicycle Accidents

OWNERS: Manage Your Energy and Water Consumption (EPA Website)

OWNERS: Manage Your Energy and Water Consumption (EPA Website)

Persoanl Injury Question

Personal Injury and Litigation Question

Personal Injury Claims Against An At-Fault Business

Personal Injury Question

Property Owner's Obligation To Maintain Their Property in Compliance With T

Read My Latest Responses on Avvo!

Reasons To Hire A Personal Injury Attorney

Recent Settlement Victory!

Satellite Dishes Update For Rent Stabilized Units

Satellite Dishes Update For Rent Stabillized Units

Satellite Dishes Update For Rented Apartments

Satellite Dishes Update For Rented Apartments

Satellite Dishes Update in Rental Units

Satellite Dishes Update in Rental Units

Senior Citizen Rent Increase Exemption (SCRIE) Building Owner Update Newsle

Senior Citizen Rent Increase Exemption (SCRIE) Update Newsletter March 2012

Settlement News Update for Bed Bugs

Several Good Reasons To Seek Medical Treatment After An Accident

Signs That You May Have Been Exposed To Bed Bugs

Signs That Your Loved One Has Developed Pressure Sores While In A Nursing H

Slip and Fall Accidents and Statistics

Spinal Cord Injury And The Common Types Of Accidents That Cause Them

Summary of the Rent Act of 2011

Telecommunications Update: Cable Television, Satellite Dishes, Cellular Tel

Telecommunications Update: Cable Television, Satellite Dishes, Cellular Tel

The Law Offices of Effie Soter, P.C. is expanding to include more practice

The Law Offices of Effie Soter, P.C. is expanding to include more practice

Twenty Sixth (26th) Annual Update of Permissible Charges for the Use and/or

Twenty Sixth (26th) Annual Update of Permissible Charges for the Use and/or

U.S. Supreme Court Denies Certiorari in Rent Stabilization Case

Update: Cable Television in Rental Units

Update: Cable Television in Rental Units

Update: Internet in Rental Units

Update: Internet in Rental Units

Update: Satellite Dishes in Rental Units

Update: Satellite Dishes in Rental Units

Upper West Side landlord hoping to take fight against rent control to Supre

Upper West Side landlord hoping to take fight against rent control to Supre

Were You Exposed To Bed Bugs While Staying At A Hotel?

What is Copyright Infringement?

What is Premises Liability?

Who can be held liable if your loved one is the subject of abuse or neglect

Why It Is Important To Obtain Medical Records After A New York Car Accident

Archived Posts

2019
2018
2017
2016
2015
2014
2013
2012
2011
2010




The Law Office of Effie Soter, P.C. assists clients in New York City, Brooklyn, Queens, Astoria, Jackson Heights, Elmhurst, Bay Ridge, Sunset Park, Borough Park, New York County, Kings County, and Queens County.



© 2020 The Law Offices of Effie Soter, P.C. | Attorney Advertising
20 W 20th Street, 2nd Floor, New York, NY 10011
| Phone: 646-504-7384

New York Personal Injury Attorneys | New York Vehicle Accidents Attorney | New York Bicycle Accidents Attorney | New York Truck Accidents Attorney | Truck Accidents Lawyers | New York Premises Liability - Slip and Fall | Toxic Torts and Toxic Mold Attorney | Bed Bugs | Bed Bug Hotel Attorneys | Tenant Bed Bug Attorneys | New York Construction Accidents Lawyer | Medical Malpractice in New York | Surgical Error Attorneys | Anesthesia Error Attorneys | Prescription Drug Errors | Failure to Diagnose | Legal and Professional Malpractice | Intellectual Property | Patents | Trade Secrets | Trademarks and Service Marks | New York Appellate Attorney | Commercial Litigation Lawyer | Business Disputes Litigation | Tenant | Landlord | Residential Real Estate | Leases | | About | Firm News | Consult Request

FacebookTwitterLinked-In Personal

Attorney Website Design by
Zola Creative