Medical professionals are trusted individuals. While this is true, they are also human and, therefore, make mistakes like anyone else. However, due to their high standard, this can result in certain consequences. If a medical professional commits medical malpractice, they can find themselves in a situation that has the potential to impact their life and reputation. If you were accused of committing medical malpractice, it is important to take the matter seriously and contact an experienced New York medical defense attorney.
What Is Medical Malpractice?
Simply put, medical malpractice is a form of negligence by a healthcare professional. If the individual fails to provide their patient with the proper standard of care, it can result in serious injuries or cause their condition to worsen. This may be in the event of any of the following actions:
- Misreading or ignoring laboratory results
- Failure to recognize symptoms
- Failure to order proper testing
- Anesthesia errors
- Surgical errors or wrong-site surgery
- Unnecessary surgery
- Premature discharge
- Disregarding or not accepting appropriate patient history
- Improper medication or dosage
- Hospital infections
- Delayed diagnosis
How Can I Defend Myself Against a Malpractice Claim?
Medical malpractice lawsuits can be detrimental to a professional’s life and career. It is because of this that it is important to have an aggressive and experienced attorney on their team during this time to protect them from an uncertain future. There are a variety of options for defense in these situations. Generally, the best method is to prove that negligence did not take place. Other options for defense can include the following:
- Respectable Minority Principle: This protects doctors against malpractice claims if they were just doing their job. For example, if a doctor conducts a more radical form of treatment that results in injuries, they may have a claim filed against them. However, if a “respectable minority” of professionals in the field supports the decision, it may be a defense.
- Contributory Negligence: If a professional can prove their patient would not have suffered from an injury if it weren’t for their own personal negligence.
- Good Samaritan Laws: If a doctor tries to save a person in an emergency and causes injuries in the process can be protected from civil liability.
- Statute of Limitations: Patients in New York have 3 years to file a medical malpractice lawsuit. If they do not meet this deadline, the case may be dismissed.
Contact our Firm
When a medical professional is accused of misconduct, it is essential that they retain strong legal representation. If you require a medical law attorney for your legal matters, call Paul E. Walker, an experienced New York City OPMC & OPD Lawyer. Please contactthe Walker Medical Law firm to set up a free initial consultation.