A malpractice case involves a doctor's failure to follow the standard of care. For example, a doctor may fail to recognize a condition's danger or diagnose it properly, resulting in improper treatment. The failure to diagnose a situation may be more common than mistakes related to drugs or surgery. Sometimes, a doctor may misdiagnose a condition simply because of its unusual presentation. While this may seem like medical malpractice, it is not.
Malpractice claims are brought against doctors by plaintiffs, usually patients or the legal representative of an estate. A plaintiff may be a family member, patient, or executor of the patient's estate. Most medical malpractice claims involve the failure to diagnose an injury or disease. Other standard categories of malpractice are negligent treatment and failure to warn. In the case of cancer, a patient may suffer catastrophic injuries if a surgeon fails to diagnose the condition properly. This can be caused by a faulty diagnosis or the improper use of medical equipment. In another case, a surgeon fails to communicate vital information to patients during surgery. An example of a faulty surgery involves a woman who underwent gallbladder surgery at the Milford Regional Medical Center in Massachusetts. The surgeon, James McEnaney, made a mistake when he misinterpreted the results of lab tests. As a result, the state medical board put McEnaney on probation for five years. A malpractice case can also arise from a doctor's failure to diagnose an eye condition. To bring a malpractice claim, the patient must file the lawsuit within a certain period. This period is called the statute of limitations and varies by state. In general, a claim must be brought within two and a half years from the date the error or negligent act occurred. Malpractice cases can be severe and devastating. If a doctor fails to diagnose or treat a condition properly, the patient may suffer severe, life-long injuries. While minor injuries can be treated, severe and permanent damage can lead to permanent disability. Malpractice cases involving childbirth can be particularly devastating. Malpractice claims are often filed in the aftermath of birth, and these cases place a heavy burden on the parents. To establish a malpractice claim, the aggrieved patient must prove that a duty of care was owed to the patient and that the breach resulted in an injury. The injury must also be measurable, allowing the plaintiff to calculate due compensation. There are many different types of medical malpractice claims, including errors involving drugs. For example, doctors may be negligent in prescribing incorrect blood pressure medication, which can cause serious side effects. In other cases, the incorrectly prescribed blood pressure medicine can result in wrongful death. New York attorneys at Duffy amp; Duffy may be able to bring a malpractice case against a doctor or pharmacist for negligence.
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