MEDICAL MALPRACTICE LAW
Many people are injured each year as a result of medical
malpractice, whether in a doctors office or in a hospital.
When a doctor fails to use due care and fails to follow accepted
standards of medical care in treating a patient and the patient
is injured, a claim for medical malpractice can arise. Medical
malpractice can occur when a doctor fails to diagnose or
misdiagnoses a condition resulting in the patient not receiving
timely and proper care, when a surgical procedure is carelessly
performed resulting in injury or when a doctor’s advice
falls below the standard of care in the profession.
Malpractice can occur during delivery and childbirth resulting
in permanent injuries to the child. For example, injuries
to the baby can occur due to malpractice during delivery
when insufficient oxygen reaches the baby resulting in Cerebral
Palsy.
Other examples of medical malpractice would be when a foreign
object is left in the patient after a surgery such as a sponge
or surgical instrument. When a physician fails to diagnose
or misdiagnoses cancer depriving the patient of the chance
for early and possibly lifesaving treatment.
In a related area, nursing homes must follow accepted professional
standards in caring for their residents. If a nursing home
resident is injured through the negligence of the home, a
claim may be made to recover for the resident's injuries
and loss.
MEDICAL RESOURCE LINKS
New York State Department Of Health -
Professional Misconduct & Physician Discipline
http://www.health.state.ny.us/nysdoh/opmc/main.htm |
