When we have a medical condition that needs treatment, we seek the advice of a professional. By putting ourselves under a doctor’s care, we are placing our trust, our well-being and our lives in his or her hands. A violation of that trust, through negligence, incompetence, or intentional misconduct, is not only physically damaging but emotionally devastating as well.
Doctors and other healthcare professionals are held to a high standard of care when they practice medicine. While we all are expected to exercise ordinary care with respect to others in our everyday actions, doctors are expected to possess and exercise the skill, knowledge and care of other medical doctors under similar circumstances. When a breach of that duty causes injury, the doctor may be liable to the patient for committing malpractice.
Medical malpractice may be committed in many different ways. Some of the more common examples include:
- Surgical mistakes
- Medication errors/incorrect prescriptions
- Medical instruments, sponges, or other foreign objects left inside the patient following surgery
- Performing the wrong surgery or performing surgery on the wrong body part by misreading the patient’s chart
- Errors in prenatal diagnostic testing
- Performing below the accepted treatment standard or performing the treatment incorrectly
- Continuing a treatment that has been shown to be ineffective
- Failing to inform a patient of treatment options or to obtain informed consent before treating
It is not only surgeons and other treating physicians that can commit malpractice. Anesthesiologists, nurses, nurse anesthetists, radiologists, and other health care practitioners can be liable when their mistakes cause injury. Hospitals and HMOs may be exposed to liability as well. And pharmacists who practice their profession below the acceptable standard of care may be held liable for the consequences their negligence or incompetence creates.
Although medical malpractice cases have many elements in common with other negligence actions for personal injury or wrongful death, medical malpractice cases are different in key ways, requiring a level of skill and experience on the part of the attorney to handle them correctly. For instance, the time within which to bring a lawsuit is generally shorter than other personal injury cases, and dealing properly with medical expert testimony requires a familiarity with both medical and legal terminology and the ability to translate that testimony in a compelling way to the jury.
Medical cases are complex, and holding a doctor accountable for negligent malpractice is never a simple and straightforward matter. The Law Firm of Leandros A. Vrionedes, P.C. has successfully represented plaintiff’s in medical malpractice cases, obtaining favorable settlements or significant verdicts for numerous clients. If you have been the victim of medical malpractice in New York City or surrounding areas, contact the Law Firm of Leandros A. Vrionedes to get started on the road to recovery.