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6 Signs of Medical Malpractice in New York

People trust healthcare professionals to do whatever they can for the well-being and health of their patients. Sadly, the trust that many individuals put in their doctors can often blind them to potential oversights, mistakes, and other errors, even when their instincts tell them something isn’t right. And, in some cases, these errors and oversights can result in medical malpractice and other injuries. 

If you or a loved one have been the victim of medical malpractice, it’s important to partner with a skilled New York medical malpractice lawyer who can investigate your situation thoroughly and work to get you the compensation you may deserve for any injuries. 

What Is Medical Malpractice?

There are many forms of medical malpractice, from hospital staff errors to delayed diagnoses. In the state of New York, medical malpractice refers to situations where doctors or other healthcare professionals fail to provide their patients with the standard of care that other medical professionals would provide when facing similar situations, which then results in the injury or death of their patient.

There are a number of healthcare providers that can be considered medically negligent and held liable, including:

  • Surgeons
  • Primary care doctors
  • Nurses
  • Specialists
  • Dentists
  • Pharmacists
  • Hospitals

Just about anyone who offers treatment, medical care, or medical advice may be held liable for injuries or death that result from negligent behavior. 

Six Signs of Medical Malpractice in New York

If you experience any of the below warning signs of medical malpractice, you may be able to file a claim for compensation.

1. Your Diagnosis and Treatment Plan Don’t Fit

If your healthcare professional orders medications that don’t seem to fit with your symptoms or invasive surgeries for a non-serious and relatively common medical condition, you may be the victim of potential medical malpractice.

On the other hand, if your healthcare professional doesn’t seem to be prescribing a treatment plan that is aggressive enough for a serious illness or disease, you may also be able to hold them accountable for any injuries or other issues that occurred.

2. Your Treatment Plan Isn’t Working

If your illness or medical condition is progressing and you’re not receiving the proper treatment needed, you may continue to experience worsening health problems or serious side effects. Along with this, unnecessary surgeries or the wrong medication can also compromise your health. These may all be signs of medical malpractice.

3. Your Healthcare Professional Doesn’t Listen to Your Concerns

Your healthcare professional shouldn’t seem rushed, strained, or unable to offer you the attention you require. If your doctor doesn’t answer your questions or neglects to provide you with the information you asked for, this could be an indicator of malpractice.

4. Negligence From Understaffing

Since patients rely on doctors, nurses, and technicians to help care for them, when the hospital isn’t staffed properly, this can cause a number of issues, such as patient neglect. While this doesn’t pertain to all hospitals, there are certain things you should consider. 

For instance, it can be a real problem if you’re not prescribed or given the medication you need. Another sign of potential negligence is if patients push the nurse call button and there’s frequently no response, or if their monitors go off with no response.

5. Mistakes Were Made During Surgery

Many issues can occur during surgery. For instance, patients may receive the wrong surgery entirely, or maybe the surgical tools weren’t properly sterilized. Often, errors like these aren’t even realized until it’s too late. These are cases where you would want to contact a New York medical malpractice attorney.

6. Lack of Informed Consent

Before any surgery, you’ll need to sign a form that states that you understand all the potential risks and still wish to proceed with the surgery. It’s your doctor’s responsibility during this time to explain the surgery and all the risks to you. If the surgery occurs and your doctor fails to do this, it’s referred to as a lack of informed consent, and this can result in a medical malpractice case. You would need to prove that you weren’t provided with adequate information and that you wouldn’t have consented had you known about all the involved risks.

If you experience any of these, you should contact an experienced medical malpractice lawyer to help you navigate through your potential medical malpractice case.

Pursuing Compensation for Medical Malpractice

By filing a medical malpractice claim, you may be able to demand compensation for losses such as:

Medical Expenses

Any past and future medical expenses related to the treatment of any injury that resulted from the medical error may be recovered. For instance, if there was a mistake made in administering anesthesia that resulted in a brain injury, you may be able to receive compensation for all expenses related to the treatment of that brain injury.

Lost Wages

You may be able to receive compensation for any lost wages, including income and benefits, due to you not being able to return to work due to an injury that resulted from a medical error. 

Pain and Suffering

This can include being compensated for persistent pain, scarring, disfigurement, or poor mobility. It may also include psychological suffering such as PTSD, depression, feelings of hopelessness, and fear. 

These are only a few examples of different medical malpractice cases you may be compensated for. There are many others, which is why it’s essential to seek legal representation if you suspect any type of medical error.

Contact Dalli & Marino, LLP to Speak With a Skilled Medical Malpractice Attorney

It can be difficult for patients and their families to know if they are a victim of medical malpractice. Here at Dalli & Marino, LLP, we’re dedicated to helping our clients who suspect they are victims of medical negligence to go after the compensation they may be entitled to for their injuries. 

If you suspect you’re a victim of medical malpractice, it’s important you have legal representation. Contact our experienced English- and Spanish-speaking medical malpractice attorneys at Dalli & Marino, LLP today by calling (888) 465-8790 or by filling out our contact form to schedule a consultation and discuss your potential case.


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