Doctors nationwide, including in New York, have a duty to provide care of an acceptable standard. If that duty is breached, and the breach causes harm to the patient, there might be grounds for a medical malpractice lawsuit. However, there might be some confusion between medical negligence and medical malpractice -- both of which could lead to tort claims.
A violent jolt or blow to the body or head can cause traumatic brain injuries. Mild traumatic brain injuries are not always evident on EEGs, CT scans and neurological examinations. However, New York victims of such accidents might not realize that the absence of evidence does not necessarily mean there is no cerebral injury, and such a missed diagnosis could lead to medical malpractice claims.
In New York and elsewhere, the time leading up to a surgical procedure is usually stressful. Regardless of the reason for surgery, there will always be risks of failure and anxiety about the consequences of failure or errors. Patients who are scheduled to undergo surgery are advised to ask some pertinent questions -- not only to be prepared but also to protect their rights in the event of surgical errors, negligence or another type of medical malpractice.
Patients in New York and every other state expect to leave a hospital in better health than when they were admitted. However, the potential for errors is present in any medical process. A significant number of medical malpractice lawsuits follow mistakes made during anesthesia. One of those involves incorrect dosing of medication, which has been found to result from inexperience, unfamiliarity to devices or equipment, inattention, carelessness or haste.
Reportedly, up to 19,000 doctors are accused of negligent medical care in lawsuits nationwide every year. Many of those medical malpractice claims involve New York doctors. Although the medical malpractice laws enable patients to recover losses and damages resulting from medical care, professional medical care providers are not responsible for all harm suffered by patients.
Relationships between doctors and patients often involve sensitive and personal information, and for that reason, there are laws in New York and other states to enforce doctor-patient confidentiality. A doctor could be sued for medical malpractice if he or she breaches that confidentiality. The confidential relationship starts when a doctor takes on a patient, and it lasts forever -- even after the patient's death. However, exceptions exist.
Couples in New York who are having trouble conceiving might consider a consultation with a fertility specialist. However, a medical malpractice lawsuit that was recently filed in another state might make them reconsider. A woman in her thirties recently discovered that the doctor who cared for her mother during her pregnancy was her father rather than the man she had known as her father for all these years.
The birth of a child should be a highlight in the lives of parents, but when things go wrong during the birthing process, the consequences could be devastating. Negligence of the medical team could result in cerebral palsy or other neurological disorders that might be irreversible. Such errors lead to many medical malpractice lawsuits in New York.
Research and testing of utilizing artificial intelligence in various medical fields are moving at a rapid pace. Researchers and scientists want to reassure those who fear a takeover by robots, saying that the goal is to expand the abilities of a physician rather than to replace humans with machines. However, these developments may leave some New York residents with questions about errors and medical malpractice.
Doctors and other healthcare providers in New York have a responsibility to provide care of an acceptable standard. Unfortunately, not all medical care providers follow these rules, often leading to medical malpractice lawsuits filed by victims of negligent medical care. Medical providers may be held liable for harm to a patient caused by a doctor's failure to comply with the required standard of care.