Medical malpractice exists when health care providers are negligent and depart from the standard of care in their medical community. If this negligence causes injury, then there will be a viable legal case against those responsible for the omission(s). There are different types of malpractice.
Some medical conditions are difficult to diagnose and we cannot fault our healthcare providers when what we are suffering from is not determined as quickly as we would like. But there are certainly situations where a proper diagnosis, treatment and recovery were all within grasp of the provider but they failed to act. Or maybe they acted, but did not seek the correct tests or work-up which another physician in the community following the standard of care would have thought of and obtained for the patient. The failure to diagnose a condition timely, leading to injury, complications and sometimes wrongful death is malpractice.
Improper prescriptions of medication is another type. Perhaps your physician prescribed medication which was contraindicated to another medication you were already taking leading to injury. Or maybe the physician was too lax in opiate prescriptions leading to addiction or sometimes worse overdose.
Radiologists do not always read every study correctly. Yet if the misread of the study was careless or negligent then that's medical malpractice. When a physician who is not a radiologist requests a particular study that physician relies on the expertise of the radiologist. If the radiologist is tired, distracted or careless and does not read and report the results of the study with care and diligence then patients can suffer harm.
Surgical malpractice exists. While surgery is inherently risky, sometimes its not the risk of the procedure which is the problem but its the carelessness or poor judgment of the surgeon which results in injury or harm.
If your physician does not warn you of the risks of the surgery in a proper manner, you have a claim of lack of informed consent. Had you been provided the information about the risks involved and potential complications and no reasonable person in your situation would have agreed to go forward and you were injured as a result then you have a case.
Given the many ways in which medical negligence and errors can occur it would be very reasonable to investigate further if you suspect there could be an issue.
If you or a loved one has been injured as the result of medical malpractice in New York, contact the Law Office of Frederic R. Abramson today.