What Type of Mistakes Are Considered Medical Malpractice?

There is no single type of mistake considered medical malpractice. Many mistakes are classified as malpractice. An Albany medical malpractice lawyer can teach you about these mistakes and determine if you have grounds for civil litigation against negligent medical professionals. 

A medical malpractice lawyer in Albany serves as your legal advocate. They focus on your civil litigation, helping you hold any negligent parties liable for their actions. Your attorney can show a judge or jury that you are the victim of medical malpractice mistakes and should be awarded damages from any at-fault parties.

What Type of Mistakes Are Considered Medical Malpractice in New York? 

Medical professionals can make mistakes that are classified as malpractice. These mistakes put patients’ health, well-being, and safety at risk. Mistakes considered medical malpractice can include:

• Misdiagnosing a patient or not diagnosing a medical issue
• Not ordering patient tests or procedures or choosing not to act on patient test results
• Not following up with a patient about their health status
• Discharging a patient from a medical facility prematurely
• Prescribing the wrong medication or incorrect dosage to a patient
• Leaving a foreign object inside of a patient’s body after surgery 

If you have dealt with these issues or similar ones, you may have a medical malpractice claim. Meet with a medical malpractice attorney, and they can evaluate your case in detail. Your lawyer can submit your claim and prepare an argument to help you prove a medical provider was negligent. 

Is a Medical Error Considered Malpractice?

Medical errors and malpractice are two different things. An error can happen due to a medical professional’s carelessness or an act of omission. Alternatively, malpractice is the result of a medical practitioner’s decision not to treat their patient in alignment with a standard of care. 

For example, a doctor performing surgery on a patient may commit an error with their scalpel. Yet, the error does not affect the patient or their surgery results. As such, the error may be considered “harmless,” and the doctor may not be liable. 

Now, consider what happens if a doctor performs surgery on the wrong part of a patient’s body. The patient was told the surgery would be completed on a different part of their body, and the procedure harmed them. This is considered malpractice, and the doctor and other parties can be liable. 

How Can You Tell if Medical Mistakes Are Malpractice? 

Consult with a lawyer who can determine if medical mistakes are malpractice. Your attorney can learn about a medical professional’s mistakes and how they are affecting you. They will examine medical mistakes in conjunction with these four elements of medical malpractice:

A Medical Professional Has a Duty of Care.

If a medical professional has a duty of care, they are legally obligated to take reasonable measures to protect you from harm. They should follow this standard as they treat you. If they do not, you can get hurt, and they can be held responsible.

They Choose Not to Provide You with Minimally Competent Care. 

You expect a medical professional to provide the care and support you deserve. Regardless, they act carelessly or recklessly as they treat you. As a result of their failure to provide minimally competent care, you get hurt.  

You Suffer Injuries Due to Their Actions. 

The medical care you receive can improve your health. However, a medical professional’s actions leave you with injuries. At this point, you have to deal with these injuries, which can affect you long into the future. 

You Are Dealing with Damages Due to Your Injuries. 

Based on your injuries, you suffer economic or non-economic damages. You can request damages for your medical bills, pain and suffering, and other losses. A medical malpractice lawyer can calculate your damages and put you in a great position to secure fair compensation. 

In your lawsuit, you can sue multiple doctors for medical malpractice. Your attorney can identify any parties that committed medical malpractice. From here, they can file your lawsuit in alignment with the statute of limitations of New York. 

How Much Time Do You Have to File a Lawsuit for Mistakes Considered Medical Malpractice?

Per New York Civil Practice Law and Rules (CPLR) § 214-A, the statute of limitations for filing a lawsuit is two years and six months from the last day of malpractice or treatment by a liable party. If you want to submit a claim, do so right away. Otherwise, by waiting too long, you could lose your right to sue for damages. 

A lawyer with medical malpractice case experience can help you build an argument against a liable party. They can collect medical records, witness statements, and other proof to support your argument. Your body of evidence could compel a judge or jury to rule in your favor or lead the defendant in your case to propose a settlement that meets your expectations.

As you weigh the pros and cons of suing for medical malpractice, account for the ramifications of your actions. If you decide not to file a lawsuit, you are responsible for your injury-related losses. On the other hand, if you take legal action against an at-fault party, you can seek justice and pursue damages from them. 

Work with Albany Medical Malpractice Lawyers Who Have a Proven Track Record of Success

Medical malpractice is a serious problem. If you are the victim of malpractice, you have legal options. Partner with a lawyer, and they can represent you in your civil litigation against any liable parties. 

The team at Morelli Law Firm has more than 40 years of combined legal experience and has helped many clients secure precedent-setting verdicts. Let our medical malpractice lawyers assist you with your case. Schedule a consultation with our attorneys.