Medical malpractice, also referred to as medical negligence, is a term that broadly refers to mistakes made by health care providers whose performance of duties deviate from the standard of practice within the medical community and cause harm to a patient or patients.
These oversights may include misdiagnoses of a condition or disease, failure to inform the patient of the risks of a procedure or prescribed drug, negligently performing a procedure, prescribing a drug that could harm the patient due to preexisting conditions or allergies, or prescribing the wrong dosage of a drug (such as anesthesia).
In general, there are three criteria to be met to have a legitimate claim of medical malpractice:
- The health care provider failed his duty toward the patient and provided negligent care
- The patient realized recognizable harm or loss from this care
- The damages are a result of the doctor’s mistake or misjudgment
Negligence by a health care provider can include an error in diagnosis, treatment or illness management. A legal case for medical malpractice can be brought against:
- The doctor – if his or her actions deviated from generally accepted standards of practice
- The hospital – if improper care or inadequate training existed
- Local, state or federal agencies that operate hospital facilities
- Nursing Homes or extended care facilities’ failure to provide proper protection from falls, failure to prevent bed sores
Negligence can be the performance of an act or the failure to act. Negligence requires a state of mind that is found to be careless, inattentive, or otherwise reckless in its attitude toward others. Doctors can make mistakes that are minor and although these may represent an error, may not give rise to a legal claim.
However, if a health care provider’s error leads to injury, incapacity or death it is generally a legitimate and viable claim. Because laws governing medical malpractice, such as the statute of limitations for filing a suit and military cases, vary by state and jurisdiction, it is important to get all the facts before proceeding with a malpractice case.
If you feel you or a loved one have suffered neglect at the hands of a health care provider, speak with an experienced attorney who can assist in evaluating your case. Marvin A. Cooper, P.C. will ensure that your legal rights are protected, will provide expectations during each step of your personal injury case, and will take action on your behalf.
Medical Malpractice is a frequent cause of traumatic injuries during birth. Brain injuries at birth, such as cerebral palsy and other birth injuries can occur during the delivery process or by improper prenatal care. If a doctor or nurse fails to recognize fetal distress or responds too slowly, your child could suffer a life long disability.
Significant injuries can occur when a fetus is deprived of its vital oxygen supply. As a result of this delay, the baby can sustain brain damage that could have been avoided. In other cases, the misuse of forceps or vacuum during delivery can cause traumatic brain injury. The newborn’s skull is still very soft, and if too much pressure is applied, there can be a direct trauma to the brain.
Cerebral Palsy, Erb’s Palsy, and Brachial Plexus Palsy are some of the common results of birth injuries. While physical or speech therapy can help improve a child’s development, the impact of cerebral palsy and other birth injuries are typically permanent.
Call Marvin A. Cooper, P.C. today for a FREE case consultation at 914-357-8911.