Medical Malpractice Are There
We have all heard about New York being the city that never sleeps. It seems like every time there is a shooting, a bomb explosion, or any number of other types of unfortunate events that occur, residents of New York find themselves waking up with more severe injuries than when they went to bed. Injuries can range from minor scrapes and bruises to life-threatening head wounds and even death. While it is true that most residents are completely innocent of any wrongdoing, medical malpractice law protects them against unwarranted charges of negligence that might occur from the negligence of their doctors or carelessness on the part of staff members during a medical emergency.
Medical Misdiagnosis in New York Hospitals
Some of the more common types of medical malpractice in New York include broken bones, sprained ankles, brain injuries, and even wrongful death. These events are often the result of medical personnel not doing enough to prevent injury or manage it properly. Another type of medical malpractice in New York is misdiagnosis. Patients who receive incorrect or inaccurate information or treatment for a medical condition can suffer serious consequences as a result. This can range from lost wages to losing a loved one to death.
A third type of medical malpractice in New York is negligence. Negligence is a legal term meaning that the courts have recognized a right of action for those who have been injured because of another party’s or organization’s failure to act reasonably or in a reasonable manner. Negligence can include injuries caused by medical personnel in surgery, nursing homes, and hospitals. In addition to monetary consequences, a patient may be eligible to file a civil lawsuit for emotional distress or permanent disability.
What Types and Consequences of Medical Malpractice Are There?
A fourth type of malpractice law in New York exists under the guise of reciprocity. This means that if one state allows doctors to be sued for malpractice, doctors who practice in another state are allowed to sue the resident doctors who injured them. Most states allow doctors to be sued when patients sustain injuries in other states. For example, a doctor can be sued when a resident of the state is accidentally burned while in another state. Doctors and nurses who know about the risk of travel to other states can take measures to mitigate the risk of incurring such injuries.
Fifth, there is a special category of malpractice called gross negligence. This is the most serious form of negligence and occurs when doctors commit acts of negligence which are greater than the typical blunders committed by doctors. Gross negligence may involve, but is not limited to, false diagnosis, ineffective or harmful medication, anesthesia errors, surgery or anesthesia errors, inappropriate monitoring and administration of anesthesia or inadequate training for doctors. While these cases often end in victory for the plaintiff, the doctors themselves are rarely punished for gross negligence.
The consequences of medical malpractice are real and can be severe for both the victim and the defendant. Although doctors work hard to help patients achieve good health, they sometimes fail to do so. It is important for patients to understand what these consequences are so that they can properly evaluate any medical malpractice claim they may wish to file. Patients should seek the advice of their personal physician or legal representative before filing a medical malpractice claim.