What is Medical Malpractice?
Common Types of Medical Malpractice
Medical Malpractice is a type of professional negligence that occurs when a healthcare professional or provider, such as a doctor, nurse, or hospital, fails to provide the appropriate standard of care to a patient, resulting in harm, injury, or death. Medical malpractice can occur due to errors in diagnosis, treatment, surgery, medication, or follow-up care. Examples of medical malpractice may include misdiagnosis, surgical errors, medication errors, birth injuries, failure to diagnose, and failure to obtain informed consent from a patient. To prove medical malpractice, a patient or their family must demonstrate that the healthcare professional or provider deviated from the accepted standard of care, and that this deviation caused the patient's injury or harm. Medical malpractice can result in a legal claim for damages, which may include compensation for medical expenses, lost wages, pain and suffering, and other damages.
​
​
There are many types of medical malpractice, but some common examples include:
​
-
Misdiagnosis or delayed diagnosis: This occurs when a healthcare professional fails to accurately diagnose a condition, or when they take too long to make a correct diagnosis. This can result in a patient receiving the wrong treatment or no treatment at all, which can lead to further harm or complications.
-
Surgical errors: This occurs when a surgical procedure is performed incorrectly, such as operating on the wrong body part, leaving surgical instruments inside the patient, or causing nerve damage during surgery.
-
Medication errors: This occurs when a healthcare professional prescribes the wrong medication, administers the wrong dose, or fails to check for potential drug interactions. Medication errors can result in serious harm or death.
-
Birth injuries: This occurs when a healthcare professional fails to provide appropriate care during labor and delivery, which can result in harm to the mother or the newborn, such as cerebral palsy, Erb's palsy, or brain damage.
-
Anesthesia errors: This occurs when a patient is given too much or too little anesthesia during a medical procedure, or when the anesthesia is not properly monitored.
-
Failure to obtain informed consent: This occurs when a healthcare professional fails to inform the patient of the risks and benefits of a medical procedure or treatment, or when they perform a procedure without the patient's consent.
-
Failure to properly treat a condition: This occurs when a healthcare professional fails to provide appropriate follow-up care or treatment for a medical condition, which can lead to further harm or complications.
​​
These are just a few examples of medical malpractice, and there may be many other situations where a healthcare professional's negligence results in harm to a patient.
​
​
To prove medical malpractice, the following elements must be established:
​
-
Duty of care: The healthcare professional had a duty to provide the appropriate standard of care to the patient. This means that the healthcare professional had a legal obligation to provide care that was consistent with the accepted medical standards in their area of practice.
-
Breach of duty: The healthcare professional breached the duty of care by failing to provide care that was consistent with the accepted medical standards in their area of practice. This means that they failed to act as a reasonable and prudent healthcare professional would have acted under similar circumstances.
-
Causation: The breach of duty caused the patient's injury or harm. This means that the patient's injury or harm was a direct result of the healthcare professional's breach of duty.
-
Damages: The patient suffered damages, such as physical or emotional harm, medical expenses, lost wages, or pain and suffering.
​
To establish these elements, a patient or their family may need to gather evidence, such as medical records, witness statements, expert testimony, and other evidence that demonstrates the healthcare professional's breach of duty and the resulting harm to the patient. It is important to consult with an experienced medical malpractice attorney who can help gather and present evidence to support a claim.
​
Proving Medical Malpractice
Top-Rated Medical Malpractice Law Firm
At Leitner Varughese Warywoda, we understand the devastating impact that medical malpractice can have on the lives of patients and their families. Our experienced attorneys are committed to securing justice for those who have suffered injuries or death due to the negligence or substandard care of medical professionals.
​
What is Medical Malpractice? Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, hospital, or other medical professional, fails to meet the proper standard of care, resulting in harm to a patient. This can include errors in diagnosis or treatment, failure to properly inform a patient of risks, surgical errors, birth trauma, and other issues that can cause serious harm or death.
​
What Must be Proven in a Medical Malpractice Case? To bring a medical malpractice case, you must prove that the healthcare provider's care fell below the reasonable standard of care and that this resulted in harm to the patient. This often requires the support of an expert physician who can testify that the healthcare provider's actions were a departure from the appropriate standard of care for the patient's condition.
​
Types of Medical Malpractice Cases There are a wide range of medical malpractice cases, including:
​
-
Medication Errors: Medication errors can occur when healthcare providers prescribe, dispense, or administer the wrong medication or wrong dosage, which can lead to serious harm or even death.
-
Anesthesia Errors: Anesthesia errors can occur when healthcare providers fail to properly administer anesthesia or fail to monitor the patient during anesthesia, which can result in brain damage, heart attacks, or even death.
-
Nursing Home Neglect: Neglect in nursing homes can take many forms, including failing to provide proper care, failure to monitor and treat bedsores or other injuries, unhygienic conditions, and withholding food or water.
-
Misdiagnosis or Delayed Diagnosis: A delay in diagnosing or misdiagnosis can lead to a patient's condition worsening or not receiving the appropriate treatment in a timely manner.
-
Failure to Obtain Informed Consent: Healthcare providers are obligated to inform patients of the risks and benefits of medical treatments and procedures, and failure to obtain a patient's informed consent may constitute medical malpractice.
-
Improper Treatment: Healthcare providers may provide treatment that is not appropriate for the patient's condition, leading to further injuries or worsening of the condition
-
Birth Trauma: Birth injuries can occur due to the actions or negligence of medical professionals during labor and delivery. These injuries can have lifelong consequences for the child and their family.
-
Failure to Diagnose Cancer: If a healthcare provider fails to properly diagnose cancer in a timely manner, it can lead to the disease progressing to a stage where it is more difficult to treat, leading to more severe and potentially fatal consequences.
-
Surgical Errors: Errors during surgery can include operating on the wrong body part, leaving foreign objects in the patient's body, or causing other injuries during surgery.
​
It's important to note that medical malpractice cases can be complex and require extensive medical and legal knowledge. If you or a loved one have experienced harm due to medical malpractice, it's important to consult with an experienced and knowledgeable attorney who can help you navigate the legal process and secure the compensation you deserve.
​
Leitner Varughese Warywoda is a premier New York City law firm representing people that were seriously injured as a result of medical errors and malpractice.While there are no guarantees in medicine, mistakes that should never have happened sometimes occur as a result of medical negligence. In the event that a hospital, doctor, nurse, or other licensed healthcare provider failed to provide proper treatment, and deviated from the standard of care, the injured victim or surviving family may pursue a medical malpractice claim against the responsible party. Under such circumstances, the patient may be entitled to recover for past and future: pain and suffering, medical expenses, and loss of earnings. A spouse can recover for loss of services. In a death case, the next of kin can recover for their losses as well.
If you or someone you care about has been harmed by a medical or physician error, you may feel overwhelmed with questions and frustration. With a call to the legal team at Leitner Varughese Warywoda, we can guide you through the very complicated legal issues surrounding your potential claim and your available options through a free consultation. Dial (855) LV LAW NY (855-585-2969) to speak with an experienced medical malpractice attorney in New York today.
-
Failure to diagnose cancer
-
Delay in diagnosing colon or breast cancer
-
Excessive bleeding after surgery resulting in neurologic damage
-
Childbirth and delivery negligence
-
Improper hospital care
-
Failure to treat cardiac systems
-
Neurologic or brain damage resulting from lack of oxygen during surgery
-
Orthopaedic errors
-
Colonoscopy punctures
-
Surgery errors
​
​
​
New York State Hospitals by Region
Albany Medical Center Hospital Albany
Albany Memorial Hospital Albany
Albany VA Medical Center Albany
Burdett Care Center Troy
Elizabethtown Community Hospital Elizabethtown
Ellis Hospital Schenectady
Glens Falls Hospital Glens Falls
Moses-Ludington Hospital Ticonderoga
Samaritan Hospital Troy
Saratoga Hospital Saratoga Springs
St Mary's Hospital - Troy Troy
St Peter's Hospital Albany
Sunnyview Hospital and Rehabilitation Center Schenectady
Community Memorial Hospital Hamilton
Faxton-St Luke's Healthcare Utica
Little Falls Hospital Little Falls
Nathan Littauer Hospital Gloversville
Oneida Healthcare Oneida
Rome Memorial Hospital Rome
St Elizabeth Medical Center Utica
St Mary's Hospital at Amsterdam Amsterdam
Hospital Name City
Auburn Community Hospital Auburn
Cayuga Medical Center at Ithaca Ithaca
Cortland Regional Medical Center Cortland
Crouse Hospital Syracuse
Oswego Hospital Oswego
St Joseph's Hospital Health Center Syracuse
Syracuse VA Medical Center Syracuse
University Hospital Suny Health Science Center Syracuse
Clifton Springs Hospital and Clinic Clifton Springs
FF Thompson Hospital Canandaigua
Geneva General Hospital Geneva
Highland Hospital Rochester
Medina Memorial Hospital Medina
Monroe Community Hospital Rochester
Newark-Wayne Community Hospital Newark
Nicholas H Noyes Memorial Hospital Dansville
Rochester General Hospital Rochester
Strong Memorial Hospital Rochester
United Memorial Medical Center Batavia
Unity Hospital of Rochester Rochester
Wyoming County Community Hospital Warsaw
Bertrand Chaffee Hospital Springville
Brooks Memorial Hospital Dunkirk
Eastern Niagara Hospital Lockport
Erie County Medical Center Buffalo
Kaleida Health Buffalo
Kenmore Mercy Hospital Kenmore
Mercy Hospital of Buffalo Buffalo
Mount St Mary's Hospital and Health Center Lewiston
Niagara Falls Memorial Medical Center Niagara Falls
Olean General Hospital Olean
Sisters of Charity Hospital Buffalo
Tlc Network Irving
UPMC Chautauqua WCA Jamestown
VA Western New York Healthcare System - Buffalo Buffalo
Westfield Memorial Hospital Westfield
Arnot Ogden Medical Center Elmira
Bath VA Medical Center Bath
Corning Hospital Corning
Cuba Memorial Hospital Cuba
Ira Davenport Memorial Hospital Bath
Jones Memorial Hospital Wellsville
Schuyler Hospital Montour Falls
Soldiers and Sailors Memorial Hospital of Yates Penn Yan
St James Mercy Hospital Hornell
St Joseph's Hospital Elmira
Adirondack Medical Center Saranac Lake
Alice Hyde Medical Center Malone
Canton-Potsdam Hospital Potsdam
Carthage Area Hospital Carthage
Champlain Valley Physicians Hospital Medical Center Plattsburgh
Claxton-Hepburn Medical Center Ogdensburg
Clifton Fine Hospital Star Lake
Gouverneur Hospital Gouverneur
Lewis County General Hospital Lowville
Massena Memorial Hospital Massena
River Hospital Alexandria Bay
Samaritan Medical Center Watertown
Blythedale Children's Hospital Valhalla
Bon Secours Community Hospital Port Jervis
Columbia Memorial Hospital Hudson
Ellenville Regional Hospital Ellenville
Good Samaritan Hospital of Suffern Suffern
HealthAlliance Hospital Broadway Campus Kingston
HealthAlliance Hospital Marys Avenue Campus Kingston
Helen Hayes Hospital West Haverstraw
Montefiore Mount Vernon Hospital Mount Vernon
Montefiore New Rochelle Hospital New Rochelle
New York-Presbyterian Hospital Bronxville
New York-Presbyterian/Hudson Valley Hospital Cortlandt Manor
Northern Dutchess Hospital Rhinebeck
Northern Westchester Hospital Mount Kisco
Nyack Hospital Nyack
Orange Regional Medical Center Middletown
Phelps Memorial Hospital Association Sleepy Hollow
Putnam Hospital Center Carmel
St Anthony Community Hospital Warwick
St John's Riverside Hospital Yonkers
St Joseph's Medical Center Yonkers
St Luke's Cornwall Hospital Newburgh
VA Hudson Valley Healthcare System - Castle Point Wappingers Falls
VA Hudson Valley Healthcare System - Montrose Montrose
Vassar Brothers Medical Center Poughkeepsie
Westchester Medical Center Valhalla
White Plains Hospital Center White Plains
Arnot Ogden Medical Center Elmira
Bath VA Medical Center Bath
Corning Hospital Corning
Cuba Memorial Hospital Cuba
Ira Davenport Memorial Hospital Bath
Jones Memorial Hospital Wellsville
Schuyler Hospital Montour Falls
Soldiers and Sailors Memorial Hospital of Yates Penn Yan
St James Mercy Hospital Hornell
St Joseph's Hospital Elmira
Eastern Long Island Hospital Greenport
Glen Cove Hospital Glen Cove
Good Samaritan Hospital Medical Center West Islip
Huntington Hospital Huntington
John T Mather Memorial Hospital of Port Jefferson Port Jefferson
Long Island Community Hospital Patchogue
Mercy Medical Center Rockville Centre
Nassau University Medical Center East Meadow
North Shore University Hospital Manhasset
Northport VA Medical Center Northport
Nyu Winthrop Hospital Mineola
Peconic Bay Medical Center Riverhead
Plainview Hospital Plainview
South Nassau Communities Hospital Oceanside
Southside Hospital Bay Shore
St Catherine of Siena Hospital Smithtown
St Charles Hospital Port Jefferson
St Francis Hospital, Roslyn Roslyn
St Joseph Hospital Bethpage
University Hospital at Stony Brook Stony Brook
Bellevue Hospital Center New York
Bronx VA Medical Center Bronx
Bronx-Lebanon Hospital Center Bronx
Brookdale Hospital Medical Center Brooklyn
Brooklyn Hospital Center at Downtown Campus Brooklyn
Coney Island Hospital Brooklyn
Elmhurst Hospital Center Elmhurst
Flushing Hospital Medical Center Flushing
Harlem Hospital Center New York
Hospital For Special Surgery New York
Interfaith Medical Center Brooklyn
Jacobi Medical Center Bronx
Jamaica Hospital Medical Center Jamaica
Kings County Hospital Center Brooklyn
Kingsbrook Jewish Medical Center Brooklyn
Lenox Hill Hospital New York
Lincoln Medical and Mental Health Center Bronx
Long Island Jewish Medical Center New Hyde Park
Maimonides Medical Center Brooklyn
Metropolitan Hospital Center New York
Montefiore Medical Center Bronx
Mount Sinai Beth Israel New York
Mount Sinai Hospital New York
Mount Sinai West New York
New York Community Hospital of Brooklyn Brooklyn
New York-Presbyterian Brooklyn Methodist Hospital Brooklyn
New York-Presbyterian Hospital New York
New York-Presbyterian/Queens Flushing
North Central Bronx Hospital Bronx
NY Eye and Ear Infirmary New York
NYU Langone Hospitals New York
Queens Hospital Center Jamaica
Richmond University Medical Center Staten Island
Rockefeller University Hospital New York
St Barnabas Hospital Bronx
St John's Episcopal Hospital at South Shore Far Rockaway
Staten Island University Hospital Staten Island
University Hospital of Brooklyn (Downstate) Brooklyn
VA New York Harbor Healthcare System - Brookyn Brooklyn
VA New York Harbor Healthcare System - Manhattan New York
Woodhull Medical and Mental Health Center Brooklyn
Wyckoff Heights Medical Center Brooklyn