A man in another state recently claimed that a radiologist caused him to suffer a life-changing allergic reaction. He is thus seeking monetary compensation for the injuries he suffered as a result of the alleged medical malpractice accident. Likewise, patients in New York who suffer harm at the hands of doctors have the right to seek damages through the civil court system.
New Yorkers surely have empathy for the parents in another state who lost one of their 2-year-old twin girls. The family recently filed a medical malpractice lawsuit against The Johns Hopkins Hospital, where the twins were born prematurely in Aug. 2016. The mother of the twins worked at Hopkins' labor and delivery unit at the time of their birth. Her employer carries her medical insurance, and this may complicate the issue.
The number of wrongful death lawsuits filed in New York and other states each year is reported to be significantly less than the number of medical errors that occur. Estimated numbers of deaths nationwide due to medical negligence or errors exceed 250,000, but the number of lawsuits claiming medical malpractice does not come near that amount. This might be because many victims of medical errors are unsure about the viability of their claims.
Anybody in New York whose medical condition does not improve -- or worsens -- after treatment by medical professionals might have questions about his or her legal rights. However, medical malpractice is a complicated field of the law, and negligence does not cause all adverse outcomes. Medical malpractice happens when a doctor or medical facility is negligent in a way that causes harm to a patient.
Health care providers in New York and across the country have rules by which they care and treat patients, known as the standard of care. Claims of medical malpractice or negligence are typically based upon al alleged breach of that standard. If a substandard level of care caused harm to patients, medical care providers might be held responsible.
"The Doctors" is a TV chat show during which a panel of medical professionals and an audience interact to discuss topics related to health and illness. The show's producers are facing a negligence lawsuit after arranging for a plastic surgeon with several medical malpractice claims against him to perform surgery on a guest of the show. New York residents might know Jenelle Butler as an influencer with many social media followers, a successful fitness business, corporate partnerships and an established clothing line.
Statutes of limitations for wrongful death vary from state to state, and while New York state laws allow two years for such claims to be filed, other states could allow less or more time. As with most laws, exceptions exist. On Feb. 15, 2014, Angelo Henderson, an award-winning journalist, died from venous thromboembolism. A wrongful death lawsuit, alleging medical malpractice, was recently filed in another state on behalf of his family. The defendants include the medical facility and the surgeon who was involved in his treatment.
It is not uncommon for someone in New York or elsewhere to be in worse health after medical treatment than before. When this happens, it is only natural to want to hold the doctor or other health care provider accountable for damages. However, medical malpractice is a complicated field of the law, and it might be sensible to seek legal counsel from the onset.
What are the legal options for people who have suffered severe health damages as the result of the negligent conduct of medical professionals? Each year, thousands of people nationwide, including New York, pursue claims for financial relief to cover damages caused by medical malpractice. However, unfavorable outcomes do not necessarily constitute viable medical malpractice lawsuits, and the patient must prove four legal elements.
Most New Yorkers trust doctors with their lives because of their extensive training and the Hippocratic Oath physicians must take. Unfortunately, that trust is sometimes misplaced and keeps many people from asking questions or expressing their concerns about medical procedures or treatment. The medical malpractice claim that followed the death of an American icon underscores the importance of patients being fully informed of their choices and the potential outcomes of proposed surgical procedures.