At times when we are in need of medical care we find ourselves at our most vulnerable. It is in those moments that we put our trust, our health, and even our fate into the hands of doctors, nurses, and other medical professionals. Realizing that we (or a loved one) may have been the victim of a surgical mistake, misdiagnosis or failure to diagnose, medication error, lack of proper attention/monitoring, or other forms of medical negligence can feel like the ultimate betrayal—and the stakes could not be higher.
Medical malpractice law exists so that we can hold accountable those who have caused us undue injury, illness, pain, or loss because of their medical mistakes or misjudgments. But a simple medical error does not necessarily constitute malpractice. Instead, medical malpractice only occurs when the mistake or error results from negligent action or failure to act, or fails to meet an adequate standard of care.
Is it malpractice?
It may be difficult to discern whether malpractice occurred in your (or your loved one’s) situation. Consider a few of the potential signs of medical malpractice:
- Treatment not working – You do not respond to the treatment prescribed and your doctor is aware and/or unavailable and fails to provide effective treatment options
- Symptoms and diagnosis do not correspond – Your diagnosis does not seem to relate to your condition, such as if your doctor fails to take your symptoms seriously
- Discrepancy in diagnoses – Upon obtaining a second (or subsequent) opinion—especially after already receiving care you perceived to be ineffective or subpar—you are given a significantly different diagnosis
- Lack of exam – You received a diagnosis solely based on lab tests or medical charts, but were never given an exam by your physician
- Dismissal of concerns or symptoms – Your doctor does not respond appropriately to your descriptions of specific symptoms or general concerns
Who is held accountable for medical malpractice?
Any health professional or institution from whom you receive medical care that fails to meet an adequate standard may be found responsible for the injury or illness you suffered as a result. This includes primary care doctors, specialists, surgeons, nurses, or even hospitals.
It can sometimes be difficult to determine where in the course of your treatment the negligence or malpractice occurred. However, all medical malpractice cases include an extensive stage of investigation during which these questions will be answered.
Seek support from a knowledgeable New York malpractice attorney if you are considering filing a case
With more than 70 years of combined experience advocating for victims of negligence, the Yonkers medical malpractice attorneys of Sayegh and Sayegh Law can offer unparalleled insight into your medical malpractice claim. Call (914) 222-8161 today or contact us online to schedule a free consultation.