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Who can be sued for medical malpractice in New York?

At some point in their lives most New York residents will need to seek professional medical attention. When a person goes to a doctor for diagnosis or treatment, that person is counting on the doctor's education, training, and experience to ensure they will be well-cared for.However, when it comes to medical care, there is always a chance that something won't go according to plan. Sometimes this is the fault of the doctor. Medical negligence can include a failure to diagnose or errors in diagnosis, illness management or treatment. If this negligence caused harm to the patient, the patient may be able to file a medical malpractice lawsuit against those responsible for their care.Generally, a medical malpractice case can arise against a doctor if he or she failed to meet the accepted standard of care generally accepted by the medical community, resulting in injury to the patient or a worsened medical condition. In some circumstances the patient may also bring a case against the hospital for improper care or inadequate training. Many types of medical professionals can be guilty of medical malpractice. If a hospital employee is negligent, the hospital may be held liable as a result of the "respondent superior" doctrine, which holds employers responsible for employee negligence while on the job. In cases where a health care professional is considered an independent contractor, the hospital might not be liable under a respondeat superior theory, but can still be held liable for their own independent negligence, including negligent training or supervision.Source: FindLaw, "Medical Malpractice In-Depth," accessed on April 21, 2015

Post Type: Q&A

Anchor Text: medical negligence

Keywords: errors, medical malpractice

Primary Target URL: http://www.thegaffneylawfirm.com/Practice-Areas/

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Michael J. Gaffney, Attorney at Law
1164 Victory Blvd.
Staten Island, NY 10301

Phone: 347-286-1937
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