Tag: Medical Malpractice

Medical Malpractice in New York: Why You Need an Attorney

According to the Journal of the American Medical Association (JAMA)medical negligence is the third leading cause of death in the U.S. after heart disease and cancer. Even though medical errors kill around 200,000 people annually in the U.S., only 15 percent of personal injury lawsuits result in medical malpractice claims. Many patients are unaware they have been the victims of medical malpractice.

Here’s what you need to know and what to do if you are a victim of medical malpractice in New York.

What is Medical Malpractice?

Understanding what constitutes medical malpractice is the crucial first step. A successful lawsuit contains several elements that the plaintiff has the burden to prove:

  • A legitimate provider-patient relationship establishing a “duty” of care.
  • Medical care—or lack thereof—that fell below the accepted medical standards.
  • A causal connection between the provider’s actions or inactions and the patient’s harm.
  • Damages to the patient.

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New York Medical Malpractice News

According to safety researchers at Johns Hopkins Medical School, even the most preventable surgical errors are still happening at alarming levels.  These “never events” like operating on the wrong body part or leaving medical instruments inside a patient’s body are happening dozens of times every week across the country.  And, according to the researchers, these types of medical mistakes are totally preventable.

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Failure to Timely Diagnose Infection Leads to NYU Child’s Death

nytimes-logo-abend-silberMedical malpractice can happen even at the best hospitals.  The New York Times reports that 12 year old Rory Staunton’s death at NYU Medical Center was caused by the failure to timely diagnose an infection.  The article suggests that despite obvious signs of infection the medical doctors completely failed to make the diagnosis and discharged Rory home.  Unfortunately, by the time the infection was finally diagnosed it was too late for Rory and his family.  What is particularly troubling is that abnormal results from a routine blood test, suggesting an infection, were not properly communicated to Rory’s doctors or his family.  NYU is considered by many to be a world class medical institution and this story illustrates how even the best hospitals and the doctors who work there can make mistakes, as is alleged.

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