What Is Medical Malpractice?

When you seek medical care, you trust that your doctors, nurses, and healthcare providers will deliver competent and professional treatment. Unfortunately, medical errors happen, and when they do, the consequences can be devastating. Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing injury or harm to a patient. In New York, victims of medical malpractice have legal rights to seek compensation for their injuries and losses. If you have been harmed by medical negligence of a doctor, hospital or other health care provider in NYC, contact Leandros A. Vrionedes, P.C., for help from a knowledgeable and experienced New York medical malpractice lawyer.

Understanding Medical Malpractice Claims

A medical malpractice claim arises when a healthcare professional’s negligence leads to patient harm. To succeed in a medical malpractice lawsuit, the plaintiff must prove the following elements:

1. Duty of Care – The healthcare provider had a professional duty to provide treatment in accordance with the accepted medical standard.
2. Breach of Duty – The provider deviated from the standard of care expected in their field.
3. Causation – The provider’s negligence directly caused injury or harm.
4. Damages – The patient suffered harm, such as physical injury, emotional distress, additional medical expenses, or loss of income.

New York Medical Malpractice Laws

New York has specific laws governing medical malpractice claims, including:

• Statute of Limitations: Victims must file a medical malpractice lawsuit within two years and six months (30 months) from the date of the alleged malpractice or the end of continuous treatment related to the condition. However, exceptions exist for minors and cases involving foreign objects left in the body.

• Discovery Rule for Cancer Misdiagnosis: In cases involving cancer misdiagnosis in New York, “Lavern’s Law” allows victims to file a lawsuit within two and a half years from the date they discovered or should have discovered the misdiagnosis, up to a maximum of seven years after the misdiagnosis occurred.

• Certificate of Merit Requirement: New York law requires that a medical malpractice lawsuit be accompanied by a certificate of merit, in which a qualified medical professional confirms that the case has a valid basis. This step requires having an attorney consult with a medical professional before filing a lawsuit to ensure the case has merit.

Common Examples of Medical Malpractice

Medical malpractice can take many forms, but some of the most common include:

• Misdiagnosis or Delayed Diagnosis – Failure to diagnose a condition or incorrect diagnosis can lead to improper or delayed treatment.
• Surgical Errors – Mistakes such as operating on the wrong body part, leaving surgical instruments inside a patient, or errors during anesthesia.
• Medication Errors – Prescribing the wrong drug or dosage, leading to adverse effects.
• Birth Injuries – Negligent prenatal care or errors during delivery that cause harm to the baby or mother.
• Failure to Obtain Informed Consent – Performing a procedure without properly informing the patient of risks and alternatives.

The Serious Consequences of Cancer Misdiagnosis

One of the most devastating forms of medical malpractice is the misdiagnosis or delayed diagnosis of cancer. Cancer is a time-sensitive disease, and early detection is critical for effective treatment. When a doctor fails to recognize the signs of cancer or incorrectly diagnoses it as another condition, a patient may lose valuable time for treatment, allowing the disease to progress.

Cancer misdiagnosis can happen due to mistakes by the doctor, hospital or other providers such as radiologists. Common errors include:

• Failure to order necessary tests such as biopsies, MRIs, or CT scans.
• Performing tests incorrectly or misreading test results leading to an incorrect or missed diagnosis.
• Failure to recognize symptoms or dismissing concerns as minor ailments.
• Communication errors among medical staff or between primary care doctors and specialists.

Legal Recourse for Medical Malpractice in New York

If you or a loved one suffered harm due to a delayed or incorrect cancer diagnosis or other form of medical malpractice, you may be entitled to compensation under New York’s medical malpractice laws. Compensation may include:

• Medical expenses for necessary treatments.
• Lost wages and reduced earning capacity.
• Pain and suffering caused by the delay in treatment.
• Emotional distress and diminished quality of life.

Contact an Experienced New York Medical Malpractice Attorney

Medical malpractice cases are complex and require extensive legal and medical knowledge. If you believe you have been a victim of medical negligence, it’s crucial to consult an experienced attorney as soon as possible. At Leandros A. Vrionedes, P.C., we have the knowledge and resources to fight for the justice and compensation you deserve. Contact us today for a free consultation to discuss your case.