Failure to Diagnose in a Medical Malpractice Case
Failure to diagnose a serious condition can be a basis for medical malpractice lawsuit, as the doctor has failed to provide the basic standard of care to the patient. To take an actual example, a person goes to his primary doctor, as he is suffering from significant pain in his left shoulder. The doctor performs a checkup and tells the patient he is fine.
Importance of Requests to Charge in a Medical Malpractice Case
At the end of a trial, before closing remarks are given, the attorneys will give the judge a list about various areas of laws that the judge should instruct the jury about. This is known as Requests to Charge. The lists of the plaintiff and defense attorneys will obviously be different. Each of the two lawyers will be listing things that the jury should be instructed about, which are going to be favorable to their client in the case.
Cause of Death in a Wrongful Death Case
In a wrongful death case, the main thing the jury will want to know is what caused the death of the person. A pathologist is usually called to provide this information. A pathologist is an expert doctor who specializes in understanding the cause of death of a person. The pathologist will perform an autopsy, which is a clinical examination of the individual’s body. When the autopsy is undertaken and done, the main purpose would be to evaluate and find out why the person died.
Simple Cataract Surgery can be Grounds for a Medical Malpractice Case
A patient is convinced by his eye doctor to undergo cataract surgery. However during the surgery, the doctor inserts the wrong lens, and because of that the patient loses sight in that eye. The patient was experiencing some blurriness in one eye and it was not a major issue. However, the eye doctor convinced the patient that he needed cataract surgery for this issue.
Medical Malpractice – Injuries at Birth and Development Issues
Many things can go wrong during childbirth. Babies can be deprived of oxygen, if the delivery is not performed in a timely fashion. There could also be an issue with the heart rate of the baby, and because nobody has detected the decreased heart rate and the baby is not delivered in time, it can result in serious brain damage that can be permanent. In view of these serious issues, it is important to detect such instances that might have occurred during childbirth.
A Minor Procedure can Damage a Person’s Life
Most medical malpractice cases are not about complicated surgical procedures, and in fact are to do with minor procedures that go horribly wrong because the doctor was unaware of the consequences of such procedure or did not have the right knowledge about the implants used in the procedure. Here is a case of a young person in New York who suffered extensive emotional and physical trauma because the doctor did not know what he was doing and failed to provide the required standard of care.
Filing for a Birth Injury Medical Malpractice Lawsuit in New York
Medical negligence at the time of birth can lead to several tragic scenarios. One of which is that your child may be born with severe brain damage due to an untimely delivery, or because the baby’s heart rate dropped below the minimum level at some point during the birth process. The resulting loss of oxygen to the fetus can cause asphyxiation, leading to a permanent brain injury.
Suing a Doctor for Delaying Treatment
Just about any healthcare provider, such as a dentist, doctor, OB/GYN, etc. may be sued for delaying diagnosis or treatment of an illness or injury. It is however a difficult task to prove your case. While the failure on a heath care professional or a doctor’s path to provide timely care may amount to medical malpractice, there are a couple of things that a plaintiff will have to prove to achieve a successful lawsuit.
The Pros and Cons of Admitting Liability in a New York Medical Malpractie Lawsuit
There are many times in a personal injury or medical malpractice lawsuit in New York where the defending lawyer knows, and perhaps even admits, to his client’s fault in the events that caused the plaintiff to file a case. And yet, many defending lawyers are wary of admitting liability outright and discussing damages and compensation in court. What is it that makes defendants and their lawyers so scared of admitting guilt?
Dealing with misdiagnosis issues
New York health care providers are among those who must contend with the implications of misdiagnosis. The issue is significant, and according to experts, solutions are slow in coming. The areas affected have remained consistent since the term and definition for misdiagnosis were coined in 2005. Diagnostic errors tend to be particularly common for cancer and cardiovascular issues as well as for infections. Some of the most common failure to diagnose issues include bowel perforation, pulmonary embolism and myocardial infarction.