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When not to file a Medical Malpractice Case in New York

Between 1999 and 2008, a high proportion of medical malpractice claims were filed in New York State. Court Statistics.org reports that in 2008 medical malpractice cases resulted in 7.4% of all tort cases, and 1.1% of all civil lawsuits filed in the state. As medical malpractice laws differ from state to state, it is important to understand the New York State laws pertaining to medical malpractice before filing a lawsuit.

Basic Requirements for a Medical Malpractice Claim

In 2012, the total medical malpractice payout throughout the US was 12,142, amounting to one claim every 43 minutes. New York ranked number one in the top five states for medical malpractice payouts with an astounding $763,088,250. The medical negligence problem in New York is alarming and is one of the states in the nation where medical malpractice filings remained nearly level.

When does Medical Malpractice Turn into a Criminal Case?

In normal medical malpractice cases, the “guilt” of a medical practitioner is defended in court by an obvious argument that someone else in the same situation might also have done it. Thus most medical errors wind up in civil courts in the form of malpractice charges.

Communication errors can result in medical malpractice claims

New York patients may find it interesting that poor communications between patients and hospital staff contributed to about 7,000 of 23,000 medical malpractice claims that were filed between 2009 and 2013. Of these claims, more than 1,700 involved the death of a patient. The numbers indicate that miscommunication is a major problem that needs to be addressed by hospitals and staff.

Malpractice Liability for Postoperative Lymphedema

Many different complications can occur after surgery. Because the body is in a vulnerable condition, it increases the likelihood of health problems. Post-surgery blood clots and infection are two of the more common complications that crop up after surgery. Although it is less common, lymphedema is a very serious complication that can result in health issues throughout a patient’s life.

Types of Prescription Drug Malpractice to be Aware Of

More than 1.5 million people are affected each year by errors caused by prescription drug malpractice. Mistakes made in prescribing drugs, administering them, and monitoring prescription drugs are the leading causes of drug malpractice. Such errors not just result in injuries or death but also bump up yearly medical expenses to more than $3.5 billion!

A look at medical malpractice statistics

New York patients may be interested in a study, published in The New England Journal of Medicine, that looked into the rate of recurring malpractice claims against physicians. People implicitly and explicitly trust their doctors on a daily basis, but medical errors can and do sometimes happen. Knowing some of the statistics behind malpractice claims can help patients make a more informed decision about their own well-being.