When a New Yorker is ill and seeks treatment from a medical professional, there is an inherent expectation that they will be given the top level of care. In such a situation, any mistake can lead to severe complications and death. Misdiagnosis, failure to diagnose, medical malpractice and other doctor errors happen all too frequently and can cause innumerable injuries and fatalities. This is particularly worrisome when children are involved.
Medical mistakes are a consistent problem in New York and across the nation. Many people are injured or lose their lives because of medical malpractice. While people have the right to file a lawsuit to seek compensation, an issue that some have faced in filing a claim after a mistake related to cancer is time limits to file. A new law that Governor Andrew Cuomo negotiated and plans to sign will give people a certain amount of time to file a case when they have had an error involving a cancer misdiagnosis or other mistake related to the disease.
When Staten Island residents go to the hospital, they expect to receive the best care available and, if possible, their conditions rectified. At the very least, they do not expect to be made ill. Unfortunately, hospitals are known incubators for various illnesses, and people frequently become sicker while hospitalized. In some cases, they are infected with diseases that had nothing to do with their initial problem.
Time periods, known as statute of limitations, restrict the time a medical negligence case may be filed in New York. However, certain events may extend this period and allow litigation to continue.
Patients may file a medical negligence or malpractice lawsuit in New York when they have suffered harm because a doctor or hospital did not treat that person in accordance with the accepted professional standards. To prove these cases, a plaintiff must offer specific, sometimes expert, evidence.
There is good and bad news for plaintiffs in medical malpractice litigation. The rate of paid malpractice claims dropped almost 56 percent in this country between 1992 and 1994 according to research by the Harvard Medical School. However, the average payout for successful claims grew around 23 percent, exceeding $353,000 in 2009-2014. This was a sharp rise from the average payout of $287,000 during 1992-1996.
New York families often put the lives of their elderly loved ones in the hands of nursing home professionals. However, some of these so-called "professionals" are negligent on-the-job. This negligence can cause injuries and even deaths among nursing home residents.
Medical negligence occurs when a physician does not competently treat or diagnose a patient. Many New York residents are harmed as a result of this negligence. There are many forms of medical negligence, but some are more common than others.
Each year, approximately 250,000 patient deaths are caused by medical errors. A large number of these errors occur when doctors fail to adhere to the standards accepted by the medical community. But why do these errors happen?
When a patient goes in for treatment, they put their lives in the hands of trained medical professionals. Patients expect that their doctors will provide them with care that meets or exceeds the standard set by the medical profession. If a New York doctor is not physically or mentally at his best when caring for a patient, there is an increased risk for medical negligence.