What Qualifies As Medical Malpractice?

When a doctor, nurse, or another type of medical professional fails to provide a patient with the standard level of care, and the patient suffers a consequential injury, the physician may be guilty of medical malpractice.

Our Firm Has Handled Medical Malpractice Cases

Like anyone else, medical professionals make mistakes. Sometimes, their mistakes lead to a person suffering an injury, and other times, it leads to their death.

If a doctor fails to provide a patient with the same level of care they would have received had they gone to a physician who practices in the same area of medicine, the patient may be able to sue them for any adverse conditions they are left with.

To give you a clearer understanding of what qualifies as medical malpractice, below are two examples of cases our law firm has represented.

Case One Involving Delayed Care

When care is delayed due to a doctor’s carelessness or negligence and a patient suffers as a result, the doctor, nurse, or even a medical facility can be sued for medical malpractice.

Take this case involving the death of a four-month-old baby boy:

After coming down with a high fever, the parents of a four-month-old baby boy brought their child to St. Barnabas Hospital in the Bronx for treatment. No blood work was performed, nor was the child extensively examined. Instead, after the staff took the baby’s temperature, they discharged him from the hospital with a prescription for Tylenol.

After the baby’s condition grew worse at home, his parents returned to the hospital two days later and waited over four hours to see a doctor. At that point, the doctors decided to perform blood work, but due to the delay in treatment, the boy’s condition, which was later diagnosed as bacterial meningitis, had progressed, and he passed away.

In this case, our medical malpractice lawyers were able to secure a $500,000 settlement for the four-month-old boy’s parents.

Case Two Involving the Misreading of Medical Tests

An elderly woman from Brooklyn admitted herself into a New York hospital after experiencing severe headaches. The hospital ordered a CT scan of her head to determine the cause of the headaches. After the scans came back and were interpreted by physicians, the woman was told her scan was normal, and she was sent home to rest.

A few days later, the woman passed away as a result of a brain bleed which was clearly shown on the CT scans but was overlooked by physicians. After medical experts were brought in to review the CT scans, they couldn’t understand how the doctors at the hospital failed to see the brain bleed.

We represented the victim’s family in this case and secured a six-figure settlement.

Other Forms of Medical Malpractice

In addition to providing delayed care and misinterpreting medical tests, medical malpractice can also include situations where:

• A doctor might perform the wrong type of medical procedure. For instance, if a patient was admitted to the hospital to undergo surgery to remove a limb, yet the doctor accidentally removed the other limb, this error would qualify as medical malpractice.

• A surgeon can nick a nerve while performing a medical procedure that results in a patient suffering from paralysis. While any medical procedure carries risks, doctors are expected to perform them carefully to avoid injuring the patient.

What Are a Patient’s Legal Rights in Medical Malpractice Cases in New York?

If you were harmed by a physician or suffered adverse effects as a result of the care you received from a doctor in New York, you may have a case that entitles you to compensation. At our firm, we can review the details surrounding your injuries/condition and determine if a doctor, hospital, or another type of health care facility is liable for providing you with financial relief.

In the event you have a viable medical malpractice case, you may be able to recover compensation for the following damages:

• Pain and suffering
• Medical expenses
• Lost wages

New York State limits the time you have to take legal action and sue for damages. You generally have two years and six months to file a lawsuit, under CVP § 214-A. So, you are encouraged to contact our office so we can begin working on your case.

Get Started on Your Medical Malpractice Case Today

Now, given the laws that have been put into place to protect doctors and hospitals from being held liable in certain types of situations, filing a medical malpractice lawsuit can be challenging. That’s why you have the attorneys at the Law Office of Cohen & Jaffe, LLP, who are prepared to help you fight for a fair outcome.

If you are looking to have your case evaluated to determine if you have the grounds to file a medical malpractice lawsuit, contact the Law Office of Cohen & Jaffe, LLP, at (516) 358-6900 today.

For a free legal consultation, call 516-358-6900