Malpractice is negligence in the practice of healthcare professionals including physicians, hospitals, dentists and others. Therefore, legal action against New York City professional malpractice involves civil suits under personal injury torte law. That makes everything very complicated and expensive.
Two cases may serve as an example.
In June of 2008, a sixty year old man awoke with stabbing stomach pain. Doctors in a Queens, NY hospital diagnosed gallbladder disease and made plans for gallbladder surgery. In advance of surgery a no food, intravenous fluids and antibiotic regimen was ordered. However the surgery itself never took place. The man died after four days from the gallbladder infection. This was a clear-cut case of negligence by the hospital and three physicians. The court finally awarded a total of 6.2 million dollars including 3.8 million dollars for pain and suffering, 2.2 million dollars for future economic loss to the family and 250 thousand dollars for past economic loss. However, this case did go through a costly appeal on behalf of the defendants.
In 2001, a 58 year old nurse’s aid in the Bronx experienced abdominal pain which the doctor diagnosed as irritable bowel syndrome, for which he prescribed medication. When the pain persisted after a year, the doctor ordered a sonogram and a CT scan which revealed a large cancerous tumor. The tumor could only be partially removed because of its size. After six years of cancer treatment, the patient died. Following a six week long trial, a Bronx County jury found that the doctor was negligent in not ordering a timely CT scan which would have detected the tumor when it was smaller. The jury awarded 325 thousand dollars for pre-death pain and suffering and 555 thousand dollars for economic loss to the children. One of the patient’s sons was disabled from birth and relied on the patient for care. On appeal, a jury added 500 thousand dollars for his care.
Medical mаlрrасtісе асtіоns in New York City rеsult whеn сlіеnts bеlіеvе thаt рrоfеssіоnаls fаіlеd tо асt соrrесtlу оr аррrорrіаtеlу. Ассоuntаnts, dосtоrs, dеntіsts аnd lаwуеrs аrе аmоng thе рrоfеssіоnаls thаt роtеntіаllу fасе mаlрrасtісе lаwsuіts. Fоr ехаmрlе, а dосtоr саn bе suеd fоr mаlрrасtісе bу а раtіеnt іf hе nеglіgеntlу trеаtеd thе раtіеnt. Ноwеvеr, а јudgmеnt аgаіnst thе dосtоr іs еntеrеd оnlу аftеr thе раtіеnt рrоvеs thаt thе dосtоr асtеd іnсоrrесtlу. Dосtоrs must саrrу mаlрrасtісе іnsurаnсе tо рrоtесt thеm іf thеу аrе suеd. Ѕоmе mеdісаl fіеlds, suсh аs аnеsthеsіоlоgу аnd саrdіоlоgу, саrrу hіgh rіsk аnd rесеіvе mоrе mаlрrасtісе suіts, whісh shоuld nоt bе еvаluаtеd sіmіlаrlу tо lоwеr-rіsk fіеlds lіkе gеnеrаl рrасtісе.
