In most cases, patients trust doctors, nurses, hospitals, and other healthcare professionals to provide safe and competent medical care. Often, that trust is well placed. However, when medical providers fail to meet the accepted standard of care, patients can suffer serious and sometimes permanent harm.

Generally speaking, medical malpractice occurs when a healthcare professional’s negligence causes injury or worsens a patient’s condition. Therefore, understanding how medical malpractice works in New York can help injured patients and families recognize when they may have legal options.

According to the Centers for Disease Control and Prevention, improving patient safety and reducing preventable medical errors remain ongoing priorities in healthcare systems across the United States.

What Is Medical Malpractice?

Within medical malpractice cases, the standard of care refers to the level of treatment that a reasonably competent medical professional would provide under similar circumstances.

To pursue a medical malpractice claim in New York, several elements generally must be established:

• A doctor-patient relationship existed
• The medical provider had a duty to provide proper care
• The provider failed to meet the accepted standard of care
• The patient suffered harm as a result of that negligence

Not every negative medical outcome qualifies as malpractice. Complications can occur even when doctors provide appropriate care. Malpractice occurs when the harm results from medical negligence, or the failure to provide treatment within the accepted standard of care.

Common Types of Medical Malpractice

Medical negligence can occur in many different ways, including a medical provider incorrectly providing treatment, or failing to provide the appropriate treatment. Some of the most common malpractice claims involve diagnostic errors, delays in diagnoses and treatment, surgical mistakes, medication errors, and failures in patient monitoring.

Misdiagnosis or Delayed Diagnosis

When a medical condition is not diagnosed correctly, the consequences can be serious.

Common diagnostic errors may include:

• Failing to diagnose a stroke
• Missing signs of cancer
• Misidentifying a heart attack

For instance, failing to recognize stroke symptoms can prevent patients from receiving time-sensitive treatment. You can learn more about how these cases arise in our article on medical malpractice claims after a stroke.

In addition, diagnostic errors can delay the detection of life-threatening diseases. Delayed screening or misinterpreted imaging may lead to cancer medical malpractice, where early treatment opportunities are lost.

Similarly, doctors must respond quickly to cardiovascular emergencies. Delayed diagnosis or improper treatment can result in severe harm in medical malpractice cases involving heart disease.

Surgical Errors

Although surgery always carries risks, preventable mistakes during procedures may lead to malpractice claims:

• Operating on the wrong body part
• Damaging surrounding organs or nerves
• Leaving surgical instruments inside the body
• Improper placement of surgical hardware

These issues are discussed further in our article about spinal surgery errors and medical malpractice, where mistakes during complex procedures can lead to permanent nerve damage or paralysis.

Medication Errors

Mistakes involving medications can also cause serious harm. These may include:

• Prescribing the wrong medication
• Incorrect dosage instructions
• Failure to consider dangerous drug interactions
• Administering medication improperly in a hospital setting

As a result, these errors can lead to severe complications because patients rely on medical professionals to manage medications safely.

Birth Injuries

Medical negligence during pregnancy or delivery can result in serious injuries to both mother and child. Failure to properly monitor maternal or fetal health, delayed cesarean sections, or improper use of delivery tools may lead to preventable harm including injuries like anoxic brain injury, cerebral palsy and shoulder dystocia.

In many cases, birth injury claims require careful medical review to determine whether providers followed appropriate obstetric standards.

Nursing Home Negligence

Medical malpractice may also occur in long-term care facilities. Elderly residents depend on caregivers for supervision and proper medical attention.

Negligence in these settings can include:

• Failure to prevent bedsores
• Medication mistakes
• Inadequate supervision leading to falls and other injuries
• Failure to respond to medical emergencies

In many situations, these cases involve vulnerable dementia patients who require specialized care. Our article on nursing home negligence involving dementia patients explains how these situations can develop when facilities fail to provide proper supervision and medical care.

What Damages Can Be Recovered in a New York Medical Malpractice Case?

Patients injured by medical negligence may be entitled to compensation for both economic and non-economic damages.

As a result, recoverable damages may include:

• Medical expenses
• Future medical treatment
• Lost wages (past and future)
• Reduced earning capacity
• Pain and suffering
• Mental anguish
• Loss of quality of life
• Wrongful death

In cases where malpractice results in death, surviving family members may be able to pursue a wrongful death claim under New York law.

New York’s Statute of Limitations for Medical Malpractice

New York generally requires medical malpractice claims to be filed within two years and six months from the date of the alleged negligent act.

However, certain exceptions may apply, particularly in cases involving:

• delayed diagnosis of cancer
• continuous treatment (very fact specific)
• foreign objects left in the body

Therefore, it is important to consult with an attorney as soon as possible if malpractice is suspected.

Investigating a Medical Malpractice Claim

Because these cases are complex, medical malpractice claims require extensive investigation and expert medical review. Attorneys often work with qualified medical professionals to determine whether the provider’s actions fell below the accepted standard of care.

Evidence in these cases may include:

• medical records
• hospital documentation
• diagnostic test results
• expert medical opinions

For this reason, experienced legal representation is essential in medical malpractice cases.

Related Medical Malpractice Topics

Medical malpractice can arise in many different medical settings and specialties. Our blog includes additional resources discussing specific types of negligence and medical errors, including:

• medical malpractice claims after a stroke
• spinal surgery errors and medical malpractice
• cancer medical malpractice
• medical malpractice cases involving heart disease
• nursing home negligence involving dementia patients

Together, these articles explain how medical negligence can occur in different situations and what legal options may be available for injured patients and their families.

Discuss Your Case with a Medical Malpractice Attorney

If you or a loved one has suffered serious complications after medical treatment, it may be worth speaking with an attorney who handles medical malpractice cases.

The New York medical malpractice attorneys at Gillette & Izzo Law Office represent individuals and families harmed by medical negligence throughout New York.

Contact our office today to schedule a free consultation and learn more about your legal options.