Do You Have a Medical Malpractice Case in New York?

Medical Malpractice Mistakes

When a medical professional fails to conduct proper health care treatments or procedures, then medical malpractice may have occurred.  Mistakes are made in a small number of cases, and even in that minority negligence can be found.  Do you have a medical malpractice case in New York?

Types of Medical Malpractice

Most circumstances involving medical malpractice claims fall into one of the following categories:

  • Failure to Diagnose – a claim for failure to diagnose is based on that if the patient had been seen by a capable doctor, then their condition would have been discovered or they would have received a different diagnosis.
  • Improper Treatment – a claim for improper treatment asserts that a patient was treated differently than if a competent doctor had treated them.  Such a claim can also be made if a doctor has selected an appropriate treatment but it was administered incorrectly.
  • Failure to Warn of Known Risks – a claim for failure to warn of known risks occurs when a doctor fails to properly disclose possible risks of treatment to patients.  This disclosure is the duty of informed consent.  If a patient had been correctly informed of the warnings, they may have chosen not to undergo a procedure or treatment.

An occurrence like those above may justify a medical malpractice lawsuit.  There are several common claims that may be made against a medical professional for malpractice.

Claims for Medical Malpractice

  • Misdiagnosis or Delayed Diagnosis – can result in loss of treatment opportunities that could have prevented harm or death.  Together misdiagnosis and delayed diagnosis make up the largest percentage of medical malpractice complaints.
  • Childbirth Injuries – brain injuries like cerebral palsy and seizure disorders, fractured bones and nerve damage that can result in erb’s and klumpke’s palsy can result from fetal conditions that were caused by medical malpractice during or following birth.
  • Medication Errors – the most common medication errors include receiving either too little or too much of a drug.  Doctors may prescribe the incorrect dosage, the wrong amount may be administered, or the equipment administering the drug may malfunction.
  • Anesthesia Errors – mistakes involving anesthesia can be very dangerous, even the smallest miscalculation or error can lead to permanent injury, brain damage or death.
  • Surgery Errors – negligence by a surgeon during an operation or by the nursing staff for negligent post-op care can lead to complications including life-threatening infections.

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  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at