Michael J. Gaffney Attorney at Law
1164 Victory Blvd., Staten Island, NY
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Medical Malpractice Archives

Medical malpractice lawsuits hold physicians accountable

Staten Island residents generally have a lot of faith in doctors, and this faith is usually justified. Physicians are required to undergo years of schooling and training to make sure that they have an acceptable level of skill and judgment. When a patient undergoes a surgical procedure or receives treatment for an ailment or injury, things don't always go according to plan and sometimes the patient suffers. Sometimes this suffering is unavoidable due to the nature of the surgery or treatment. At other times, however, this suffering is a direct result of malpractice by a medical professional.

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

Elements of a medical malpractice case

When you receive medical treatment from a health care professional in New York, you should expect to receive care in accordance with the standards in place within the medical profession. When appropriate care is not received, patients may face serious injuries, illnesses or even death.

Knowing the dangers of MRSA when in a hospital or health facility

It's bad enough when a person in New York has to enter the hospital for any reason, but a medical issue -- no matter how seemingly innocuous -- can turn very serious if hospital-acquired infections cause a person to become ill or die. One particular infection that can occur is MRSA. This is a staph infection that resists a large number of antibiotics administered to combat it. If it happens in the hospital, it can lead to infections in the blood or a surgical site and pneumonia. Understanding the facts is important when recognizing the problem and knowing what to do after it happens.

What should you do if you have experienced medical malpractice?

When a patient is treated by a medical professional, there is chance that the patient may be harmed or injured as a result of the treatment. In some cases, patients can be misdiagnosed and in turn, receive unnecessary and harmful treatment. Doctors in the New York area are expected to adhere to a standard of care, requiring them to care for their patients in the proper way. Medical professionals who fail to do this may be guilty of medical negligence and should be held accountable for their actions.

Patients may be awarded damages in medical malpractice suits

Medical professionals in Staten Island have a duty and a responsibility to adhere to a certain standard of care when treating patients. If a patient suffers serious injuries as a result of the negligence of a medical professional, that patient may pursue a civil claim against the physicians or other health care providers responsible.

How can I build a successful medical malpractice claim?

Going to the doctor can be a scary experience for many people. What's even scarier is that even the greatest health professionals in the world can make mistakes. Some of these mistakes can have devastating consequences. In New York, victims of these mistakes and their families can sometimes file a medical malpractice lawsuit against the doctor or medical professional that made the mistake. While nothing will make up for the pain and suffering caused, the damages from the lawsuit can help you and your family move forward from this tragedy.

More than half of heart patients suffer from medication error

When individuals in New York suffer from an ailment, it is common for them to seek medical assistance. Medical professionals will work to determine the cause of their symptoms and might address them with medical interventions such as medication. When a doctor fails to prescribe the appropriate medicine or fails to provide proper instructions, medication errors could occur. This could cause worsened medical conditions or new medical problems, resulting in serious injuries to the patient.

New York surgeon pleads guilty to criminally negligent homicide

Physicians and other health care professionals owe a duty of care to the patients that they treat. Those who do not abide by the standard of care may be liable for injuries or deaths that occur as a result of their medical negligence. One New York doctor recently pled guilty after one of his patients died shortly after a surgery he performed.

Former New York orthopedist faces medical malpractice suit

Medical professionals in New York have a standard of care to adhere to when it comes to treating and advising patients. When they do not adhere to the standard, they may be found liable for medical malpractice. One former New York orthopedic surgeon is facing multiple medical malpractice lawsuits after his alleged medical negligence. The first of these lawsuits, filed by one of his patient's wives, is headed to court this month.

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

Phone: 347-286-1937
Fax: 718-447-9908
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