Have You Been Injured Due To The Negligence Of A Doctor In New York? You May Be Able To File A Medical Malpractice Claim


There are many types of negligence that form the basis of personal injury lawsuits.  However, some of the most difficult cases are brought against doctors based on medical malpractice.  Medical malpractice is the cause of hundreds of thousands of injuries and deaths throughout the United States every year and despite their special training and expertise, it can be very difficult to purse a negligence claim against a doctor.  Even though they have years of specialized training and education, there are significant barriers to liability when patients pursue a case that involves medical error.  When medical care falls below the professional standard of care, the victims can suffer severe pain, emotional trauma, and even death.

Grounds for a Medical Malpractice Lawsuit – Medical Errors

There are many types of Albany medical malpractice errors that could be the grounds for a pursing a medical malpractice claim.  Negligence could be committed by doctors, the hospital, or other medical professionals.  Medical errors can include:

  • Surgical mistakes
  • Failure to diagnose
  • Failure to properly read MRIs, X-rays, or mammograms
  • Anesthesia errors
  • Gynecological errors Obstetric negligence
  • Organ or bowel puncture or perforation
  • Foreign objects
  • Wrong site surgery
  • Wrong patient surgery
  • Mistakes in the type or dosage of medication that has been prescribed
  • Errors made by emergency room doctors
  • Birth injuries
  • Failure to schedule prompt testing or treatment

Expert Witnesses

Patients who allege medical malpractice will typically be required to provide the testimony of an expert in the medical profession regarding the appropriate professional standard of care and the breach of the standard that has been alleged.  In New York, the appropriate standard of care is that of a reasonable doctor located in the same geographic vicinity in the same field and practice area.

In order to have a successful medical malpractice claim, a patient needs to prove that the departure from the accepted standard of medical care caused the patient harm or damage.  Three things need to be demonstrated:

  1. The doctor or other medical professional failed in his or her duty of care towards the patient.
  2. Some harm was caused by the failure to comply with the medical professional’s duty of care and the harm that resulted from the misconduct was reasonably foreseeable at the time.
  3. The amount of damages will reasonably compensate the patient for the harm caused by the medical malpractice.

If you or a loved one has been injured due to the negligence of a doctor or other medical professional you should contact a medical malpractice attorney as soon as possible.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.