What Qualifies As Medical Malpractice

What Qualifies as Medical Malpractice?

A doctor, nurse, therapist, or mental health professional can commit a preventable mistake that leads to additional injuries for a patient. When this happens, these actions may constitute medical malpractice.

When a healthcare provider does not uphold their field’s accepted standard of care leading to patient injuries, they could be found liable for medical malpractice. Some of the following examples may qualify as medical malpractice: 

  • Surgical errors
  • An incorrect diagnosis 
  • Testing errors
  • A failure to treat the correct condition 
  • Prescription errors
  • Birth injuries 
  • Communication errors
  • Failing to accurately read a test or film 

Medical malpractice is a claim against a medical professional who made a preventable mistake that led to additional injuries to a patient.

When you are a victim of medical malpractice that leads to injuries, you have the right to seek compensation for your medical bills, lost wages, and pain and suffering related to the damages that you sustained because of the malpractice.

To understand how medical malpractice occurs and what exactly it is, it can be helpful to look at common situations that qualify as medical malpractice cases. 

Surgical Errors Constitute Medical Malpractice

You may have the right to win compensation in a medical malpractice lawsuit when a surgical team makes an error in surgery that results in severe injuries or illnesses, including:

  • Operating on the wrong person
  • Operating on the wrong part of the body
  • Leaving medical tools or gauze inside the body
  • Performing a particular procedure in a negligent or dangerous manner

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Doctors Must Render Correct Diagnoses in a Timely Manner

When a doctor reasonably should have been able to diagnose a certain condition, but failed to do so leading to a preventable injury, you may have the right to recover compensation.

If a medical professional ignores symptoms, fails to order particular tests, fails to review test results, delays treatment or action, or improperly reviews available test results, you may also be entitled to compensation for any injuries that result.

In both instances, you must prove that because of the doctor’s error, your condition was worsened. 

Testing Errors Can Result in Serious Conditions

Another type of medical malpractice occurs when a medical professional misdiagnoses you or fails to catch an illness in time because of:

  • Mislabeled test results
  • Misreading the results of a test
  • Losing a test sample

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Failing to Treat a Condition Is Considered Malpractice

When a doctor discharges a patient from the hospital before treatment is completed or fails to follow up with the patient after the discharge, causing an illness to reappear or worsen, the victim may be entitled to compensation. 

Another example of this is when a general practice doctor does not recognize a condition that a specialist would be better able to treat. If a condition falls outside a doctor’s area of expertise, they must refer the patient to another provider. 


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Prescription Errors Can Have Dangerous Outcomes

If a pharmacist improperly fills a prescription or gives the patient incorrect dosing instructions, leading to a worsening condition, we can hold them accountable through a medical malpractice claim.

When physicians or pharmacists fail to anticipate an adverse drug interaction or an allergic reaction, resulting in additional harm, they might also be liable for your losses.

Most Birth Errors Are Avoidable

When a doctor makes a birth error during the delivery of a baby, leaving the mother in danger of serious illness or causing harm to the baby, they could bear responsibility for the resulting costs in a medical malpractice claim.

Doctors Must Communicate Information Clearly

If a doctor fails to explain procedures properly to a patient, the patient may be prevented from making informed decisions about their health. In this case, the negligent healthcare provider could be held responsible through a medical malpractice lawsuit. 

Failing to Read a Test or Film Correctly

Doctors are required to interpret medical tests and films correctly so that the patient can make informed decisions about their care.  Failing to diagnose conditions may delay or ignore treatment options that can lead to catastrophic injuries or death.

You Can Pursue Compensation Through a Malpractice Case

According to Johns Hopkins Medicine, medical errors cause 250,000 deaths a year, making it the third-leading cause of death in the U.S. 

Sometimes, patients may be completely unaware that a doctor or nurse’s mistake led to a worsened illness or injury, resulting in unnecessary suffering and additional medical costs. In some instances, the patient may not want to complain about their doctor or a nurse by bringing a claim of malpractice.

However, failing to bring a malpractice complaint against a negligent doctor or nurse can end up causing far more problems for other people. If the medical professional is not held accountable for their actions, their mistakes may continue, causing a far worse health situation for others. 

Dansker & Aspromonte Associates Can Handle Your Malpractice Claim

Medical malpractice cases can be extremely complex, requiring consultation with independent and qualified medical experts that will review the care you received to render honest opinions that malpractice took place. An injury lawyer from Dansker & Aspromonte Associates can help you determine if you were the victim of malpractice and protect your legal rights.

The team at Dansker & Aspromonte Associates is ready to help with your case. We represent clients throughout the New York City metropolitan area, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Nassau and Suffolk Counties. 

Contact us today at (646) 692-0204 for a free consultation. We will work tirelessly to protect your rights and fight for the best possible outcome for you and your loved ones. If we agree to accept your case, you will not be required to pay us any money upfront. We advance all fees and expenses, and you never owe us a legal fee until you recover compensation.

If you feel that you have been the victim of medical malpractice, call us today without delay. There are deadlines that limit your rights. If you fail to bring your claim by the deadline, you may be prevented from recovering the compensation you deserve.


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