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Common Types of Medical Malpractice Claims

Barasch McGarry Salzman & Penson can help you get the compensation you deserve

Medical malpractice cases involve getting compensation for individuals who have been harmed by a physician, allied health professional or facility’s actions or failure to act. Lawyers of Barasch McGarry Salzman & Penson know medical malpractice cases can be complex and difficult cases to pursue because the law and procedures are intricate, the standards to prove vary from jurisdiction to jurisdiction, and expert witness testimony is always required to make the case.

The ongoing tragedy of September 11, 2011

Rescue workers and others exposed to the toxic mix of chemicals released during the September 11, 2011 attacks on the World Trade Center still suffer today from a wide range of 911 illnesses and ailments.  These include the following:

  • Sinus related diseases
  • Breathing disorders such as asthma, interstitial lung disease, and pulmonary grid
  • Digestive disorders such as acid reflux

Unfortunately, many of these illnesses were misdiagnosed and wrongly treated by negligent and uninformed medical professionals.  A comprehensive 911 lawsuit should always take such negligence into account. As the law firm that handled one of the first and most prominent 911 lawsuits for an ill first responder—resulting in the passage of The Zadroga Act—Barasch McGarry Salzman & Penson attorneys are exceptionally experienced in helping clients suffering from 911 illnesses.

Common New York City medical malpractice claims

Our New York personal injury lawyers have extensive experience representing clients seriously injured by medical malpractice, doctor negligence, and 911 illnesses in New York.

Misdiagnosis or Failure to Diagnose
These cases involve the failure of a physician to correctly diagnose a problem, or the failure to diagnose it at all. Currently, failure to diagnose or misdiagnosis of cancer is one of the more common examples of failure to diagnose cases, and occurs when a patient’s cancer was not diagnosed correctly or at all, resulting in serious consequences to the patient. However, misdiagnosis or failure to diagnose can apply to any illness or condition for which the failure to correctly diagnose results in serious medical consequences for the patient.

Surgical Errors
Cases involving surgical errors or mistakes stem from errors made by a surgeon or surgical team when performing a procedure on a patient. Examples of surgical errors include amputating the wrong limb, treating an organ or limb other than the one with the problem, performing the wrong procedure, or accidentally leaving items like sponge or surgical instruments inside the patient. Medical malpractice may also apply to medical procedures like cardiac catheterization if an error results in serious medical harm to the patient.

Prescription Errors
If a patient receives the wrong medication, the wrong dose or the medication is not administered correctly, and harm to the patient results, a prescription error has occurred that may be compensable by a medical malpractice claim. Although larger facilities in particular have procedures to safeguard against these kinds of errors from happening, they do still occur, sometimes because of packaging similarities among medications, or because of basic human error, and the consequences can be devastating.

Birth Injuries
Injuries to an infant as a result of the actions of the obstetrician or obstetrical staff can include any limitations or deficiencies that are attributable to something the staff did or did not do during pregnancy, or labor and delivery, like brain development problems, neurological problems, hearing or vision deficits, or respiratory or cardiac problems. Failing to correct problems like an umbilical cord wrapped around the neck of a fetus that cuts off blood supply to the baby’s brain, or improper use of forceps or other instruments can cause short-term or long-term damage that is compensable in a medical malpractice case.

Nursing Home and Elder Care Abuse
When patients in a nursing home or other care facility suffer serious health consequences because of something the facility or its staff did or failed to do, medical malpractice may be applicable. Examples of claims filed involving nursing home and elder care abuse include cases in which infections were not diagnosed, infections were left untreated, basic safety and sanitary guidelines were not followed and appropriate care was not administered at all, or not in a timely way.

Proving Causation
The biggest difficulty with medical malpractice cases is proving causation. Proving conclusively that the action or inaction of the physician, healthcare provider or facility caused the injury to the patient can be very difficult, especially when there are multiple defendants in a case, because he or she may each have contributed to what eventually happened. When there are multiple defendants, each must be pursued and in the end, the trial determines a breakdown of responsibility among all parties found responsible. It also can be difficult to establish what the standard of care against which a doctor or facility’s care will be measure is, and to find the best expert witnesses to testify on behalf of the victim.

Proving medical malpractice is a complex undertaking

Because there are so many variables that determine if a claim ultimately will succeed, it is very important to have knowledgeable representation by a NY injury lawyer who is experienced with medical malpractice cases in your jurisdiction.  Please call Barasch McGarry Salzman & Penson toll free 888.746.8212 or contact us online for a free, no-obligation consultation.


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