Who is Liable in Medical Malpractice Claims?

Healthcare providers can make simple mistakes with severe consequences

Though the oath that doctors take says, “First do no harm,” mistakes occur in hospitals, medical offices, labs, pharmacies and clinics that have fatal or life-altering consequences. Ten percent of deaths in the USA are caused by medical errors or mistakes, making medical errors the third-leading cause of death in the USA.

Medical malpractice is when a medical error is due to a healthcare provider’s negligence. Some of the most common medical malpractice cases involve:

  • Misreading or ignoring laboratory results
  • Misdiagnoses or failure to recognize symptoms
  • Surgical errors such as unnecessary surgery, surgical procedure errors or surgery on the wrong site
  • Improper treatment, such as not ordering appropriate tests, poor follow up and aftercare, etc.
  • Injury to the mother or child during birth
  • Premature discharge from the hospital or rehab facility
  • Disregarding or not taking the appropriate patient history
  • Prescription dosage and other medication errors
  • Failure to properly monitor
  • Hospital, urgent care, clinic or other medical facility errors
  • Not informing or misinforming about health risks of a procedure or medication

If you are a victim of medical malpractice, you may be entitled to compensation for your injuries.

Healthcare providers can make simple mistakes with serious consequences

To prove the healthcare provider was negligent under New York law, you must prove that the healthcare provider violated the accepted standard of medical care. Then you must prove that you were injured due to that violation and that the injury was significant and/or made worse due to the healthcare provider’s negligence. Here are some examples of scenarios where healthcare professionals and facilities can be held liable for malpractice:

  • Doctors. Medical malpractice cases against doctors are the most common. Your doctor oversees your care and leads your medical team. If your doctor does not correctly diagnose your condition or delays treatment, it may be considered negligence and could be grounds for a medical malpractice claim.
  • Anesthesiologists. Malpractice claims against anesthesiologists are also common. Typically, they do not have a relationship with the patient or briefly meet with the patient just prior to administering anesthesia. It’s all too common for an anesthesiologist to forget to check the patient’s history for allergic or other adverse drug reactions that can do serious harm to kidneys or other organs. Administering an improper dosage of anesthesia can cause an overdose or other injuries.
  • Hospitals. When hospitals fail to monitor or train their staff or don’t hire properly trained medical professionals, the results can be disastrous medical errors or negligence. Some hospitals that are owned by public corporations seem to worry more about their stockholders’ wealth than their patients’ well-being.

An experienced malpractice attorney can help you prove medical negligence

Gathering the documentation needed to prove you have a medical malpractice case can be difficult and time-consuming. Since the statute of limitations is relatively short on medical malpractice cases (30 months), it’s important to contact an experienced medical malpractice lawyer as soon as possible after the medical malpractice occurs. If your case meets the legal criteria, your medical malpractice attorney can help you file a medical malpractice claim in court. If you win your case, the court can award you monetary damages.

Get a free consultation with a Bronx medical malpractice attorney

If you think you may be a victim of medical malpractice, Bronx attorney Evan W. Kohn can help you take action and fight for the damages you deserve. To schedule a free consultation, contact The Law Offices of Evan W. Kohn online or call 718-409-5500.

Attorney Evan Kohn
About the Author: Evan Kohn
Evan W. Kohn is an experienced personal injury attorney serving the New York City area. He handles cases ranging from auto accidents to personal injury, Slip and falls, truck accidents, and medical malpractice.