New York City Medical Malpractice Lawyers Attorneys

Medical Malpractice is a part of personal injury law that deals with injuries suffered because a doctor, hospital or other health care provider who was careless or negligent in treatment. Malpractice describes a situation where a doctor, hospital or other health care provider did not provide treatment consistent with customary and acceptable practices. Generally, a court will look at four elements to determine whether there is a case of medical malpractice.

- The physician or health care provider was responsible for providing treatment;
- The physician or health care provider did not provide the treatment required;
- A person was injured; and
- The injury was caused by the failure of the physician or health care provider to provide the treatment required.

If medical malpractice is proven, an injured person is usually entitled to damages. Damages are awarded in the form of money to compensate the injured person for the injuries caused by the malpractice. Most medical malpractice cases arise from one of the following complaints:

- The doctor or health care provider did not follow the standard procedure that everyone is supposed to follow for that type of situation; or
- The doctor or health care provider did not diagnose or tell a patient that cancer or some other terminal illness was present; or
- The doctor or health care provider did not test for or diagnose birth injuries such as cerebral palsy or spina bifida.

Depending on the nature of the injury, a person injured from medical malpractice may be able to bring several types of claims against a doctor or other health care provider. These claims are generally:

- Failure to Follow Accepted Procedures (Substandard Care)
- Failure to Diagnose Cancer
- Wrongful Birth

Failure to Follow Accepted Procedures (Substandard Care)

An injured person can claim in a lawsuit that the doctor or health care provider did not follow the accepted procedures for providing treatment or care. In any industry, including the medical profession, certain procedures are recognized to be standard in the handling of a specific task. Likewise, in the medical profession, there are generally accepted procedures that are standard for diagnosing and treating certain conditions or illnesses. If a doctor or health care provider does not follow these accepted procedures in diagnoses or treatment, the person injured as a result can make this claim in a lawsuit for medical malpractice.

Failure to Diagnose Cancer

A person not properly diagnosed as having cancer can claim in a lawsuit that the doctor or health care provider failed to diagnose cancer. This is a relatively new area of medical malpractice law that is usually associated with a failure to diagnose lung cancer.
Failure to diagnose lung cancer can include the following types of claims:
A doctor did not prescribe tests to diagnose cancer when a patient's background and symptoms show that cancer may be a possibility; or
A doctor misinterprets an x-ray or other diagnostic test; or
A doctor did not prescribe additional, more specific diagnostic tests, such as CT Scans or MRIs, when x-rays indicated the possibility of cancer.

Birth Injuries

Another type of medical malpractice claim involves birth injuries. A child and the child's parents can sue a doctor or other health care provider if a child is born with a disease or condition, such as cerebral palsy or spina bifida, or if the child is injured during childbirth. This claim usually involves the failure of a doctor or other health care provider to diagnose, advise and potentially treat the child to prevent or minimize injuries.
With the complexity of modern medicine has come a broadening of what was once simply the law of Medical Malpractice.

The patient who is injured may have reason to consider:

Physician Malpractice
Hospital Malpractice,
Pharmacist or Pharmacy Misconduct,
Nursing Malpractice,
HMO or Insurance Misdeeds,
Nursing Home Neglect,
Product Liability, or
Premises Liability

The investigation of the causes of medical injuries and deaths and the evaluation of potential causes of action on behalf of the injured is a very specialized field of legal practice.

Each unique subcategory of misconduct or claim is governed by its own statutes of limitations and procedural requirements which must be observed.
For these and other reasons it is advisable to seek prompt consultation with an experienced attorney in the field of Malpractice whenever an injury or death during medical care may warrant an evaluation.

If you are injured and believe you are entitled to compensation you need a strong voice to overcome these new obstacles you will confront.

The Law Offices of Leo V. Duval, Esq. truly cares about our clients, our professional responsibilities to our clients and the need to speak forcefully on their behalf. This web site is intended to be a resource for you, the injured victim, in your effort to put your life back together.