Understanding Medical Malpractice
Medical malpractice is negligence. Simply put, a departure from accepted medical practice or a failure to diagnose a condition are examples of medical negligence. Malpractice law is intended to compensate someone who has suffered a serious personal injury. Damages may include pain and suffering, lost wages or medical expenses. Our personal injury attorneys in New York State can review your case to determine if your injuries were a result of medical malpractice.
Examples of medical malpractice include:
- Failure to timely and accurately diagnose diseases, including cancer
- Failure to appropriately administer or interpret medical tests and studies
- Improper delivery of newborns
- Claims of improper or unnecessary surgical procedures
- Blood product contamination
- Improper prescription of pharmaceuticals or failing to warn of known side effects or contraindications inherent in any drug
Health care providers who are liable for medical malpractice include hospitals, clinics, medical groups and their staffs, as well as individual physicians, physician assistants and nurses.
Case Focus: Timur
Timur had finished his work week and had stopped at the local convenience store before going home for dinner with his family. This was in the day before everyone having a cellphone. He was using an “pay phone” to call his wife to ask if she needed anything for their home.
While on the phone, the driver of a motor vehicle rolled his vehicle into Timur. His injuries, while certainly not life threatening, required him to be transported to a local hospital by ambulance.
The hospital did a routine examination of him and found nothing remarkable.
However, Timur was making complaints of severe pain in his abdomen. He was admitted overnight for observation. He was kept again overnight as his complaints were constant and extreme. A test was run that was interpreted as normal. He was kept overnight again for observation.
On Monday he awoke in extreme pain and was rushed to the operating room. Emergency surgery was unsuccessful, and he died, basically due to poisoning of his body. The hospital denied any wrongdoing.
At trial, it was proved that the on-call physician was notified on Friday night of the situation, but he decided seeing one patient in the hospital was not worth his time and effort, and he would see Timur on Monday morning. Sadly, too late!
The case settled just prior to summations for over 95% of the available insurance coverage. The family did not see the reason to let a verdict result due to the relatively small amount of money that was withheld.
Experienced Medical Malpractice Attorney
If you have questions about whether your medical injury was the result of malpractice, please call us toll free at 888.MY 911 LAW (888-699-1152) for a free and confidential consultation. You may also contact us by filing out our online form.
Our law firm is led by New York State injury attorney Jeffrey M. Adams, who has dedicated his legal practice to protecting and promoting the rights of injured individuals.
For over a quarter of a century, Mr. Adams has represented victims of nursing home abuse and neglect, personal injury accidents and families of wrongful death victims. His extensive experience enables him to quickly and effectively evaluate cases to determine their merit. Known throughout the legal community and insurance industry as a straight shooter, Mr. Adams provides honest case appraisals and educates his clients about their cases, enabling them to make informed decisions.
