New York City Medical Malpractice Attorney: What Are The Medical And Medication Errors?

Personal injury cases arising from medical and medication errors require careful analysis and legal strategy. From misdiagnoses to medication administration mishaps, tackling the challenges of personal injury in the context of healthcare negligence requires a keen understanding of the laws and rules. You deserve justice, and with the right legal representation from a New York City medical malpractice attorney, you can prove the liability of the negligent parties to pursue maximum compensation.

Common Medical Errors in New York Hospitals

In the context of personal injury law, medical errors refer to mistakes or negligent actions by healthcare professionals that cause harm to a patient. This harm can be physical, emotional, or financial. Medical errors in personal injury cases often involve instances where the standard of care provided by a healthcare professional fall below an acceptable level, leading to injury or worsening of a patient's condition.

• Misdiagnosis or Delayed Diagnosis: Healthcare providers may misidentify a medical condition or fail to diagnose it promptly, leading to delayed or incorrect treatment.
• Medication Errors: Prescription mistakes, such as prescribing the wrong medication or incorrect dosage, can occur. Stemming from this, administration errors may happen, where patients receive the wrong medication or the correct one in the wrong way. Healthcare providers might also fail to recognize potential drug interactions.
• Surgical Errors: Surgical errors encompass wrong-site surgeries, where a procedure is performed on the wrong part of the body. Incorrect procedures or surgeries performed on the wrong patient, as well as complications arising from surgical negligence, are also common issues.
• Infections Acquired in Healthcare Settings: Hospital-acquired infections can result from inadequate sterilization or hygiene practices within healthcare facilities.
• Birth Injuries: Errors during childbirth, such as mishandling complications or inadequate prenatal care, can lead to serious consequences for both the mother and the child.
• Faulty Equipment or Technology Errors: Malfunctions or misuse of medical equipment or technology can pose risks to patient safety and result in errors in diagnosis or treatment.
• Documentation Errors: Inaccurate or incomplete patient records can lead to misunderstandings or mistakes in treatment decisions, affecting the overall quality of care.
• Anesthesia Errors: Administering too much or too little anesthesia during surgery can result in complications, affecting patient safety and well-being.
• Lack of Informed Consent: Healthcare providers may fail to adequately inform patients about the risks and benefits of a particular treatment or procedure, compromising the principle of informed consent.
• Falls and Patient Safety Issues: Inadequate precautions within healthcare facilities can lead to patient falls or other safety incidents, posing risks to patient well-being.
• Transcription Errors: Mistakes in transcribing medical orders or information can lead to incorrect treatments or medications being administered to patients.
• Inadequate Follow-up or Monitoring: Failure to monitor patients adequately after a procedure or during recovery may result in overlooked complications or delayed interventions.

If you suffered harm due to such errors, you may have grounds to pursue a personal injury claim against the responsible healthcare provider or institution. It’s crucial for you to consult with a NYC med mal lawyer. Your lawyer will be able to assess the details of the case, determine the viability of a claim, and guide you through the legal process to obtain compensation for your injuries and losses.

Common Medication Errors in New York City

Medication errors refer to mistakes or negligence by healthcare professionals that lead to harm or injury to a patient. These errors can occur at various stages, from prescription and dispensing to administration. Medical negligence claims related to medication errors in New York typically involve situations where the standard of care provided by healthcare professionals falls below acceptable levels, resulting in harm to the patient.

• Prescription Mistakes: Healthcare providers may prescribe the wrong drug, incorrect dosage, or provide inaccurate instructions on how to take the medication.
• Dispensing Errors: Pharmacists may dispense the wrong medication or provide an incorrect dosage or form of the prescribed medication.
• Administration Errors: Nurses or healthcare professionals may give the wrong medication to a patient, administer the correct medication via the wrong route (e.g., intravenous instead of oral), or make errors in dosage administration.
• Mislabeling of Medications: Packaging or labeling errors can lead to confusion, with medications having similar names or appearances but different purposes.
• Documentation Errors: Mistakes in recording medication details in patient records or failure to update records with changes in medication can occur.
• Allergic Reactions: Healthcare providers may fail to identify and consider patient allergies, leading to the administration of a medication despite known allergies.
• Drug Interactions: Failure to identify potential interactions between different medications or prescribing medications that may adversely react with each other.
• Overlooking Patient Information: Healthcare providers may overlook patient-specific factors, such as age, weight, or existing medical conditions, when prescribing or administering medication.
• Illegible Prescriptions: Illegible handwriting can lead to errors in dispensing or administering medications.
• Inadequate Patient Education: Patients may not receive clear communication about how to take the medication, potential side effects, and what to do in case of adverse reactions.
• Medication Storage Errors: Inappropriate storage conditions may affect the efficacy of medications.
• Wrong Patient Errors: Administration of medication to the wrong patient may occur, especially in settings with high patient volumes.
• Failure to Reconcile Medications: Inadequate medication reconciliation during transitions of care can result in discrepancies in prescribed medications.

If you believe you have been a victim of a medication error resulting in personal injury, consulting with a New York City medical negligence attorney is essential.

Laws Related to Medical Malpractice in New York City

Statute of Limitations

In New York, there is a specific timeframe, known as the statute of limitations, within which a malpractice lawsuit must be filed. It is outlined in New York Civil Practice Law and Rules (CPLR) Section 214-a. Generally, the lawsuit needs to be initiated within two and a half years from the date of the alleged malpractice or from the end of continuous treatment for the same condition.

However, there are certain exceptions to this:

• The "discovery rule" may apply where the patient could not have reasonably discovered the malpractice immediately.
• If the alleged malpractice occurs during a course of ongoing treatment, the statute of limitations may be extended.
• For minors who are victims of medical malpractice, the statute of limitations period begins when the minor turns 18 years old.
• If the case involves a foreign object unintentionally left in the patient's body during a medical procedure, the patient has 1 year from the discovery of the object to file a lawsuit.
• If the medical malpractice is committed by a municipal hospital or a government entity, there may be different procedures and shorter timeframes for filing notices of claim.

Comparative Negligence

New York follows a comparative negligence system as listed under the New York Civil Practice Law and Rules (CPLR) Section 1411 to 1413. If the plaintiff is found to have contributed to their own injuries, the compensation they receive may be reduced based on the percentage of fault assigned to them.

The compensation awarded to the plaintiff is then reduced by their assigned percentage of fault. For example, if the total damages are $100,000 and the plaintiff is found to be 20% at fault, their award would be reduced to $80,000.

With that said, New York follows the 50% Bar Rule, which means that if you are found to be 50% or more at fault, you will be barred from recovering any damages. If you are 49% or less at fault, you can still recover damages, but the award is reduced by your percentage of fault.

Joint and Several Liability

New York has joint and several liability rules, meaning that each defendant in a medical malpractice claim can be held responsible for the full amount of damages awarded, regardless of their individual percentage of fault. This is listed under New York Civil Practice Law and Rules (CPLR) Section 1601 et seq.

Each defendant is individually responsible for the full amount of damages awarded, regardless of their percentage of fault. If one defendant is unable to pay their share of the damages (insolvent), you can still collect the entire amount from other solvent defendants.

No-Fault Compensation System

New York operates under a no-fault compensation system for certain medical malpractice cases involving injuries sustained during childbirth. The relevant provisions can be found in Article 29-D of the New York Public Health Law. It’s designed to provide compensation for certain birth-related neurological injuries without requiring proof of fault or negligence.

The system specifically covers birth-related neurological injuries to an infant, which result in substantial motor dysfunction and developmental delays. To be eligible for compensation under the No-Fault System, the injury must occur during the birth process in a hospital or birthing center and should lead to qualifying neurological impairments.

Caps on Compensation in Medical Malpractice Claims

There are specific limitations, or "caps," on non-economic damages in medical malpractice claims as per New York Civil Practice Law and Rules (CPLR) Section 4512.

• Non-Economic Damages Cap: New York has set a cap at $250,000 for pain and suffering, which includes physical and emotional distress.
• Grave Injury Exception: The law in New York allows for the possibility of exceeding the cap if the plaintiff can demonstrate that they suffered a "grave injury." A grave injury is generally considered to be a life-altering or significant permanent injury.
• Economic Damages: It’s critical to note that the caps apply specifically to non-economic damages and not to economic damages, such as medical expenses or lost wages.

Protecting Your Rights Following a Medication or Medical Error

If you suspect you have experienced a medical or medication error, you need to obtain prompt medical attention. Your well-being should always be a top priority. Documenting any immediate health concerns is necessary. You should also reach out to a prolific and winning NYC med mal lawyer. They can evaluate the details of your case, explain your rights, and guide you through the legal process.

You need to collect as much information as possible about the incident. Document the names of healthcare providers involved, the date and time of the error, and any details about what occurred. If applicable, keep any relevant items, such as medication packaging or medical records. These can serve as evidence if you decide to pursue a legal claim.

Role of a New York City Medical Malpractice Attorney in Maximizing Compensation

Establishing Standard of Care

Your NYC medical malpractice lawyer will work with medical experts to establish the standard of care that should have been provided in a similar situation. This involves determining what a reasonable and competent healthcare professional would have done under the circumstances.

Demonstrating Deviation from Standard of Care

New York medical negligence lawyers must show that the healthcare provider in question deviated from the established standard of care. This involves presenting evidence, often with the help of expert testimony, to demonstrate negligence or malpractice.

Causation

Proving liability requires establishing a direct link between the healthcare provider's negligence and the harm suffered by the patient. A reputable medical malpractice law firm in New York City will work to show that the deviation from the standard of care directly caused your injuries or adverse outcomes.

Expert Testimony

Medical malpractice cases often hinge on expert testimony. Seasoned NYC malpractice attorneys usually collaborate with qualified medical professionals who can provide opinions on the standard of care, the deviation from it, and the causation of the injuries.

Negotiation and Settlement

You need a capable NY medical malpractice attorney to negotiate with the opposing party, typically the healthcare provider's insurance company, to obtain a fair settlement. This may involve skillful negotiation to achieve a satisfactory resolution without going to trial.

Trial Preparation and Representation

If a settlement cannot be reached, your lawyers will prepare for trial. They present the case in court, cross-examine witnesses, and make legal arguments to prove liability and acquire compensation for their client.

We Will Fight to Maximize Your Personal Injury Compensation

If you or a loved one has suffered the devastating impact of healthcare negligence, the experienced NYC medical malpractice lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP can understand your unique situation and provide the legal support you require. We have an impressive track record of success with over $1 billion won in damages for our clients. To schedule your free consultation, call us at 212-344-1000 or fill out this online contact form.