Every healthcare provider is vulnerable to litigation. Some specialists, however, are far more likely to be sued than others because of the nature of their work. Cardiologists tend to face a lot of medical malpractice suits. In one survey, six out of ten such specialists claimed to have been sued. And among the respondents who faced legal action, more than half had been named in not just one but two to five lawsuits over the course of their careers. For more information on cardiology malpractice claims in New York, please read on, then contact one of our experienced New York physician defense lawyers today.
What are the most common forms of cardiology malpractice in New York?
The following are some of the most common issues that have warranted legal action against cardiologists in the Empire State:
- Diagnostic errors: The physician failed to diagnose myocardial infarction (MI), or heart attack, and it led to devastating consequences.
- Inadequate record keeping: The patient has seen multiple providers over their life and their physician fell short of their obligation to complete each patient’s record accurately and thoroughly.
- Improper treatment protocol: The physician deviated from the most widely accepted standard of care by:
- Starting with the most invasive modality before attempting less risky approaches
- Failing to inform the patient of all possible risks or viable alternatives before proceeding
- Failing to provide adequate follow-up care
- Surgical mistakes: While a procedure not yielding the anticipated outcome does not necessarily constitute malpractice, the physician made the mistake of:
- Performing the wrong procedure
- Operating at the wrong site
- Failing to monitor the patient’s vitals
- Administering too much anesthesia, or
- Leaving an instrument or sponge inside the body cavity
How do you defend against charges of cardiology malpractice in New York?
First of all, you should reach out to a highly qualified defense lawyer like Paul E. Walker to discuss defense strategies. Together, you and your lawyer may formulate one or more of the following strategies:
- Showing avoidable consequences: No matter the scenario it is unlikely that an unobserved patient made absolutely no mistakes.
- Arguing the substantial minority principle: Although their method was not standard, the physician employed a method which, while not used by the majority, is upheld by a number of respected doctors in the field.
- Challenging the evidence: Just because a patient’s surgical area hurts, it does not mean the physician committed malpractice.
- Demonstrating standard of care: Sometimes injuries happen regardless of anyone’s actions.
- Asserting assumed risk: If the physician fully explained the potential of injury and the full range of options to the patient, he or she could not have committed medical malpractice.
If a former patient has accused you of cardiology malpractice, give us a call today.
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If you are a medical professional accused of misconduct, contact the Walker Medical Law firm to set up a free initial consultation.