What is "Medical Malpractice"?

Medical malpractice is a broad term generally used to describe any treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient. Examples of medical malpractice are too numerous to list. Medical malpractice can include, however, misdiagnosis, improper treatment, failure to treat, delay in treatment, failure to perform appropriate follow-up, prescription errors, etc. In many instances, medical malpractice is not obvious to a lay-person and requires the review and analysis by medical experts.

What must be shown to prevail in a medical malpractice case?

While there are various types of medical malpractice claims, generally speaking, a claimant must usually show the following: The health care provider owed a duty to the patient The health care provider breached that duty The patient suffered an injury The patient's injury was a proximate cause of the health care provider's breach A physician owes a duty to a patient once a "doctor-patient" relationship has been formed. Such a relationship is usually formed when the physician agrees to care for the patient. Nonetheless, even if it is established that a duty existed and the health care provider breached that duty (e.g. failed to meet the requisite standard of care), a claimant may not recover unless the claimant suffered injuries that were a direct result of the breach. If the breach resulted in no harm to the patient, a claimant generally has no right to recovery.

What is the first step in pursuing a medical malpractice claim?

The first step in pursuing a medical malpractice case is suspecting that one may have been the victim of medical malpractice. While not every bad result is due to medical malpractice, one who develops a "gut feeling" that something was wrong should consult a qualified attorney to review the matter, who often will consult with medical professionals. This process often involves the obtaining and review of medical records and other pertinent information. If it is determined that one has a good case, the next step is usually to give written notice of the claim to the individuals or entities that are believed to have committed the medical malpractice.

I have no idea how much money I should ask for or expect. What kind of expenses are typically included in a settlement?

A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by state.

Have I waived my rights because I signed a consent form?

This is a question asked by many. A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgment of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.

I've heard that lawsuits take a long time. Is that true with malpractice cases?

Malpractice cases don't necessarily take any longer than other cases, but doctors, hospitals, and insurance companies often try to drag them out. Malpractice claims are often delayed because the doctor or hospital knows they will ultimately have to pay. In other words, they know that they made a horrible mistake. We work hard to prevent these delays.

I have no idea how much money I should ask for or expect. What kind of expenses are typically included in a settlement?

A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by state.

It's taken me several months to work up the nerve to do anything about my situation. Am I running out of time to file a lawsuit against my doctor?

Statutes of limitations govern the length of time one has to file a lawsuit or be forever barred from pursuing such claim. Each state has different statute of limitation periods which apply to personal injury cases under various circumstances. In some cases, the statute of limitations may be as short as one year, while under different circumstances, it may be eight years or more. Many factors bear upon when the applicable statute of limitations period expires including the age of the plaintiff, the type of personal injury claim, the particular facts giving rise to the injury, and others. One must make absolute certain that they are aware of when their statute of limitations period expires, or risk jeopardizing their legal rights. An experienced personal injury lawyer can be of assistance in this regard.

Nothing serious has happened to me yet, but I'm beginning to question my doctor's care. What can I do to prevent malpractice?

The best advice we can give to you is to listen to your body. If your doctor tells you that you're fine, but you don't feel fine, make another appointment. As you are listening to your body, educate yourself on what's happening. Use the library and the Internet to find out about your symptoms and what tests are usually run for them. Have your doctor write everything down for you. If your doctor denies you a particular test or a referral to a specialist, have the doctor explain in writing the reason for the denial. If the doctor won't write it down, you should seek counsel by a qualified attorney.

NEW YORK MEDICATION ERROR LAWYER

Premier Medication Error Lawyers Serving New York City

A medication error can have dangerous, or even deadly consequences. If you or a loved one are a victim of a medication error, speak with our trial lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP. We have the skill and knowledge to explore all opportunities for compensation. Our New York City medication errors attorneys have achieved impressive results in both settlement negotiations and trial, and will not rest until we have maximized your compensation.

Doctors, pharmacists and other professionals entrusted with providing medication must use extreme care in prescribing and dispensing medication. When these professionals make mistakes, people may take too much or too little of a particular drug. They may get the wrong medication altogether. Medication errors can lead to serious injury and even death.

Medication errors occur in the USA at an alarming rate. The FDA (Food and Drug Administration) reports that an estimated 7000 deaths occur every year as a direct result of a medication error. These errors can include the following:

Compensation in Cases of Medication Error

A medication error can lead to serious consequence, including:

Worsened health condition
Serious medical complications requiring treatment
The possibility of hospitalization and surgery
Lost wages
Lost earning potential
Pain and suffering
Emotional distress

Medication errors cause unnecessary health risks and even larger financial burdens due to the negligence of other parties – and in such cases, patients have a right to pursue compensation for their damages.

How do medication errors happen?

A medication error could occur as a result of acts of negligence by:

Doctor, nurse, anesthesiologist, or another medical professional
Pharmacists
Drug manufacturer

Medication errors can occur due to something as simple as an inability to read a doctor’s handwriting with a wrong dosage either prescribed or administered. Additionally, if your doctor is distracted, rushed, or fails to investigate your medical history, he or she is more likely to make an error in prescribing medication.

Ultimately, proving that these actions displayed gross negligence is the key to receiving compensation for any medication errors.

Negligence and Medical Malpractice Cases in New York: Medication Errors

Determining negligence in a medical professional’s actions comes down to a duty of care. This duty is the responsibility to treat a patient correctly, with the accepted standard of care: what another, equally trained medical professional, would do under similar circumstances.

When prescribing or administering medications, the healthcare professional must be aware of the patient’s medical history with regard to allergies, as well as drug interactions that could pose a health risk. When the duty of care is breached, it may be possible to file a medical malpractice case to seek to recover compensation. Simply a medication error is not sufficient to file a claim – the patient must have suffered harm as a result of the error.

In any of these cases, young children or the elderly are most often put at risk. Because their immune systems are weaker, they are more often put at risk by a medication error.

Contact Us Today for Medication Error Lawyers

Whether the dosage is too high or too low or the wrong medication is prescribed, a medication error can lead to serious medical problems and conditions. A highly experienced, qualified lawyer is recommended to help you navigate the legal process and ensure you’re building a strong case for compensation.

If you or a loved one has suffered serious injury or death as a result of a medication error, a malpractice lawyer can be instrumental in helping you recover appropriate damages. For decades, New Yorkers have depended on the medical malpractice law firm of Rosenberg, Minc, Falkoff & Wolff, LLP, to provide aggressive legal representation.

Our law firm can represent people injured or killed due to every type of medication error, including prescription drug malpractice. We will look closely at the cause of your injuries. Perhaps the doctor prescribed the wrong drug, the correct drug at the wrong dosage or strength, or prescribed a drug that you were allergic to.

Maybe hospital staff failed to properly administer medication. Perhaps the pharmacist or pharmacy technician simply filled the wrong prescription. Whatever the case, we will build a strong legal claim designed to help you get the money you need for your medical expenses, lost income and other damages.

If you or someone you love has been harmed and suffered serious health problems due to a medication error, schedule a consultation with Rosenberg, Minc, Falkoff & Wolff, LLP today. Your initial consultation is free, and we operate on a contingency fee basis – you don’t pay any fees unless we win.

List of articles in category Medication Errors
Title
New York Failure to Administer Medication Malpractice Attorneys
New York City Medical Malpractice Prescription Drug Attorneys

Where do I start… As a client of a malpractice case, I did not know what to expect. However, the support from Rosenberg, Minc, Falkoff & Wolff Law firm made me feel at ease. The dedication, compassion, and overwhelming hard work that Gary Silverstein put in was undeniably AMAZING. Seeing how hard and diligent Gary worked on my case made me realize that I had the best team on my side. The support from the entire legal team was unbelievable. There were continuous updates, follow-ups, most importantly assurance of any concerns I had before and during my trial. In fact, during the trial Gary showed a vast form of knowledge, strategic and responsive thinking, and most importantly wisdom. His dedication was unbelievable, and not one time did I not feel involved. I am truly appreciative for all that Rosenberg, Minc, Falkoff & Wolff Law have done, but mostly I am appreciative of the amazing staff they have. Lorraine and Sharon played a big part in my case, and I am truly thankful for their support and hard work. I am truly happy to have been a client of Rosenberg, Minc, Falkoff & Wolff Law. I highly recommend them and will continuously refer them, Thank you RMFW!

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