What are the Rights of a Patient After a Misdiagnosis?

A misdiagnosis can be a harrowing experience, impacting not only a person’s physical well-being but also their emotional and financial stability. If you find yourself in a situation where you believe you have been misdiagnosed, it is crucial to understand your rights a s a patient. In this guide, we will explore the rights of patients following a misdiagnosis and the steps you can take to seek justice.

Understanding Your Rights

  • Right to Informed Consent: Patients in New York have the right to be fully informed about their medical conditions and treatment options. Informed consent involves understanding the risks, benefits, and alternatives to any proposed medical intervention. If a misdiagnosis leads to inappropriate treatment or procedures, it may constitute a violation of this fundamental right.
  • Right to a Second Opinion: Patients have the right to seek a second opinion from another healthcare professional. If you suspect a misdiagnosis, obtaining a second opinion can provide clarity and potentially uncover the correct diagnosis. New York law recognizes and supports a patient’s autonomy in seeking additional medical advice.
  • Right to Medical Records: Patients have the legal right to access their medical records under the Health Insurance Portability and Accountability Act (HIPAA). Reviewing your medical records is crucial if you suspect a misdiagnosis, as it allows you to understand the basis for the initial diagnosis and identify any errors or oversights.
  • Right to Compensation for Damages: If a misdiagnosis results in harm or worsens your medical condition, you may have the right to seek compensation for damages. These damages may include medical expenses, lost wages, pain and suffering, and any other losses incurred as a result of the misdiagnosis. Consulting with a personal injury attorney can help you assess the viability of a medical malpractice claim.
  • Right to File a Medical Malpractice Lawsuit: Patients in New York have the right to pursue legal action against healthcare professionals who commit medical malpractice, including misdiagnosis. To establish a medical malpractice claim, you must demonstrate that the healthcare provider breached the standard of care, the misdiagnosis resulted in harm, and a direct link exists between the breach and the harm suffered.

It is important to be aware of the statute of limitations for medical malpractice claims in New York so that you effectively protect your rights to seek compensation. Generally, the patient has 2.5 years from the date of the alleged malpractice or from the end of the continuous treatment to file a lawsuit. Navigating the legal complexities of a medical malpractice will usually merit the retaining of a knowledgeable personal injury attorney. An experienced lawyer can assess the details of your case, guide you through the legal process, and advocate for your rights. They will help you understand the strength of your claim and the potential avenues for compensation.

Contact Our Medical Malpractice Attorneys in Central New York

A misdiagnosis can have profound consequences on a patient’s life, but understanding your rights is the first step toward seeking justice. For medical malpractice legal counsel you can trust, reach out to the dedicated team at CDH Law. Contact us today.

Is It Possible to Check My Doctor’s History with Malpractice?

Patients entrust their health to doctors, making it crucial to ascertain their professional history. This blog guides readers on how to investigate a doctor’s track record, particularly concerning malpractice claims. Various resources and databases are available to provide insights into a physician’s past, ensuring patients make informed choices about their healthcare providers.

In the vast healthcare landscape of New York, patients are increasingly recognizing the importance of researching their doctors’ track records before entrusting them with their well-being. The ability to investigate a physician’s history, particularly regarding malpractice claims, has become an integral part of the decision-making process for patients seeking reliable healthcare providers. Fortunately, numerous resources are available to New York residents, offering valuable insights into a doctor’s past and helping patients make informed choices about their healthcare.

One resource for New York patients is the New York State Department of Health (NYSDOH). The department provides access to the Physician Profile database, an online platform that allows patients to review information about licensed physicians in the state. This includes details about a doctor’s education, training, certifications, and any disciplinary actions or malpractice claims. By consulting the NYSDOH’s Physician Profile, patients can gain a comprehensive overview of a doctor’s professional background and make more informed decisions about their healthcare.

Another essential tool for patients is the Office of Professional Medical Conduct (OPMC), a branch of the NYSDOH responsible for investigating and disciplining physicians. The OPMC maintains a database that records any disciplinary actions taken against doctors in New York. Patients can search this database to identify if a physician has faced sanctions or malpractice claims, providing a crucial layer of transparency when evaluating potential healthcare providers.

In addition to state-specific resources, patients can turn to national databases that compile information on healthcare professionals across the United States. The National Practitioner Data Bank (NPDB) is a federal repository that tracks malpractice payments and adverse actions against healthcare providers. While access to the NPDB is restricted, patients can request a report on a specific physician through the Healthcare Integrity and Protection Data Bank (HIPDB), which consolidates information on healthcare fraud and abuse.

Patients in New York can also explore third-party platforms that aggregate data from various sources to provide a more comprehensive view of a doctor’s track record. Websites like Healthgrades, RateMDs, and Vitals offer patients reviews, ratings, and information on a physician’s education and affiliations. While these platforms may not always have complete data on malpractice claims, they can offer valuable insights into a doctor’s bedside manner, communication skills, and overall patient satisfaction.

Legal databases and court records can also be valuable resources for patients conducting a thorough investigation into a doctor’s history of malpractice claims. Platforms such as PACER (Public Access to Court Electronic Records) allow users to search for federal court cases, including those related to medical malpractice. This provides patients with the opportunity to explore legal actions taken against a physician, offering a more nuanced understanding of their professional history.

Syracuse Personal Injury Attorneys

New York patients should take care of whom they are entrusting with their healthcare. However, despite our best efforts, we can still end up with a healthcare provider who is negligent in treating or addressing our health concerns. If this is the case, you may be a victim of medical malpractice. Talk to the team at CDH Law about your options for seeking legal recourse and compensation. Contact us today.

New York Medical Malpractice Standard of Care

We trust our medical care providers with our health and well-being. Medical care providers are subject to a legal standard of care they owe a duty to their patients to provide. When a medical care provider fails to uphold this standard of care and a patient suffers as a result, then they may be held legally liable for the patient’s damages in a medical malpractice action. The failure to meet the standard of care is a critical element to a malpractice claim as it represents a violation of a legal duty, a central element to finding a health care professional negligent and, thus, subject to legal liability. Let’s take a look at how New York views the medical malpractice standard of care.

What Is the “Standard of Care” in New York?

The fact is that there is no single, definitive definition of “standard of care” for medical malpractice purposes. The nuances surrounding the standard of care are constantly growing and changing. There is also the fact that the standard will vary based on a number of different factors, including the particular medical situation at hand.

To look for guidance as to what standard of care your medical provider is held to, you can look to both formal guidelines and informal guidelines that have been established and accepted in the medical community regarding what treatment is appropriate for a particular disease or condition. There may be variations in these guidelines among different geographical areas and so you should be sure to look to the guidelines pertaining to the geographical area in which you sought or are seeking treatment.

The level of training and education of your medical provider can further impact the standard of care. You see, those with higher levels of training and education are likely to be held to a higher standard of care than others. Generally speaking, a medical provider will be found in compliance with the applicable standard of care if a similarly situated, similarly trained medical provider in a comparable geographical area would provide similar treatment under the same circumstances.

In a medical malpractice lawsuit, determining the standard of care and whether or not it was met in a certain situation will depend a lot on the testimony of expert witnesses. These witnesses will likely be medical professionals that possess similar education, training, experience, and skill as the defendant in the lawsuit. They will likely testify as to what they believe the standard of care is in the medical situation that is the subject of the lawsuit. They may be called on to point out how a certain treatment path fell below the standard of care. The expert witness may also be asked about how the patient suffered as a result of the treatment that fell below the standard of care.

Central New York Medical Malpractice Attorneys

If you have suffered as a result of substandard medical care, time is of the essence to pursue your legal right to compensation for the harm you have incurred as a result. Do not delay in reaching out to the trusted medical malpractice legal team at CDH Law. Contact us today.

Negligent Hiring Practices of Hospitals

Think about how many people we put our trust in when it comes to our medical care. We trust our doctors. We trust nurses. When we have to go to the hospital, we trust the staff there. We are also putting our trust in the hospital itself to have done its due diligence in hiring hospital staff. Unfortunately, negligent hiring happens in hospitals and patients can suffer harm as a result. In these instances, the injury victim can pursue compensation for the damages they have sustained as a result of the hospital’s negligent hiring practices.

Common Negligent Hiring Practices in Hospitals

Being admitted to the hospital can be an unnerving and anxiety-inducing experience. It doesn’t make anyone feel better to consider the fact that hospital errors can result in serious injuries to patients. There are a variety of factors that can increase the chances of a hospital error occurring and one such big factor is when hospitals are not adequately staffed or have other staffing issues like unqualified or unfit individuals being hired in the first place.

Hospitals have a duty of care to make an appropriate standard of care available to patients. When this duty is breached and that breach causes a patient to suffer harm, then the hospital can be held legally liable for their negligence. One way hospitals expose themselves to liability is when they are negligent in their hiring practices. You see, a hospital can be held liable for the harm sustained by a patient because of an employee on the theory that they are responsible for the actions of an employee that they hired, supervised, or trained. If a hospital hired an employee they knew, or should have known, was unfit for the job and this negligent hiring practice contributed to you, the patient, sustaining injury or harm, then the hospital can be held legally responsible.

A hospital has a duty to consider if an applicant for employment is unfit considering the nature of the job and the applicant’s ability to properly fulfill the essential functions of the job. If there is a doubt about either of these things and the hospital hires the person anyways, they can be on the hook for compensating victims who suffer from harm caused by the employee.

Additionally, hospitals should have background checks when hiring staff members. In addition to duties regarding the hiring of hospital staff, hospitals also have a duty to ensure that the facility is adequately staffed at all times and that all staff are properly supervised. If a patient is injured due to negligent hiring, negligent staffing, or negligent supervision, the hospital can be held liable and, thus, may be on the hook for paying the injured payment monetary compensation.

Central New York Personal Injury Attorneys

Did you trust a hospital with your health care and came out worse for it? The trusted team at CDH Law will fight for your right to full and fair compensation for the harm you suffered due to hospital negligence. Contact us today.

What Constitutes Medical Malpractice in New York?

We place so much trust and faith in our doctors to take the best possible care with our health and well-being. When a doctor proves undeserving of that trust, provides substandard care, and a patient is harmed because of it, the law provides us with a way to seek compensation for that harm suffered. If you have suffered harm due to medical malpractice, you can pursue a claim for monetary compensation for the losses you have sustained as a result of the negligent medical care you received.

What Constitutes Medical Malpractice in New York?

Medical malpractice is based on the legal theory of negligence. In order to prove medical malpractice, you need to be able to prove that a doctor or other medical professional was negligent in the care they provided to you. What does that mean? What constitutes medical malpractice? Well, medical malpractice occurs when the following elements of negligence are substantiated:

  • Duty:  If you are a patient of a doctor or other medical care provider, they owe you a duty of care. That duty of care is to provide you with medical attention comparable to what would be provided to you by a similarly situated medical provider under similar circumstances.
  • Breach:  If your medical care provider fails to uphold this duty and provides you with substandard medical care, they have breached the duty of care to which you were legally entitled.
  • Causation: The breach of the duty of care must have been the direct and proximate cause of any harm you claim to have suffered
  • Damages:  You must have sustained compensable damages as a result of the breach of the doctor’s duty of care that caused you harm. 

It is important to understand that the damages you claim in a medical malpractice case are a reflection of the harm you have suffered. The damages you recover are meant to, in large part, compensate you for the losses you sustained due to the medical negligence. That is why damages in a medical malpractice case will commonly include things like medical expenses, lost wages, and loss of future earning potential. Damages will also likely include things like loss of enjoyment of life, and pain and suffering.

In other words, if a doctor provided you with substandard medical care and you were harmed as a result, it is likely that you have a medical malpractice claim on your hands. Be mindful that, in New York, there is a 30 month statute of limitations on medical malpractice claims. Failure to bring your claim in a timely manner will likely result in you being barred from bringing it altogether.

Medical Malpractice Attorneys

If you have suffered as a result of negligent medical care, do not delay in reaching out to the team of dedicated medical malpractice attorneys at CDH Law. Medical malpractice claims can be tricky and the stakes are high when you may have incurred significant harm. We fight for our clients and their legal right to full and fair monetary recovery. Contact us today.

Elements of a Medical Malpractice Claim

If you have been injured, harmed, or suffered due to receiving negligent medical care, you may be entitled to compensation through a medical malpractice claim. You see, medical professionals, owe patients a duty of care commensurate with that expected of similarly situated medical professionals of the same field and of comparable geographical locations, among other relevant factors. Those doctors, nurses, and other health care workers who fail to uphold such a duty can cause serious and lifelong harm to patients who trusted them with their well-being. In order to bring a successful medical malpractice claim, however, certain elements must be met with legally sound evidence.

Elements of a Medical Malpractice Claim

Medical malpractice refers to a legal claim based on the action or omission of a medical professional that deviates from the accepted medical standard of practice that results in harm to a patient. In order to bring a successful medical malpractice claim, a plaintiff must be able to establish four elements:

  • Duty:  The medical professional, oftentimes a doctor, must have owed the plaintiff a duty of care. This is commonly established easily just by demonstrating that the doctor-patient relationship existed. When a medical professional is responsible for providing some type of evaluation, treatment, or care for a person, the duty element is usually established. The duty itself refers to a duty to act within an applicable standard of care which will be discussed in more detail in the next element.

 

  • Breach: The plaintiff must be able to demonstrate that the health care professional breached the relevant standard of care. In medical malpractice claims, the applicable standard of care is the level of care that a similarly situated medical professional would have provided under comparable circumstances. The standard of care takes into account things such as the specialized knowledge the doctor should have had, among other relevant factors. In medical malpractice cases, expert testimony is typically needed from other medical professionals in order to establish the standard of care that should have been exercised and to support a claim that the relevant standard was breached.

 

  • Causation: The breach of the duty of care owed by the health care professional to the patient must have been the direct cause or a contributing factor to some harm suffered by the patient. This may have been an exacerbation of a preexisting condition or the development of a new medical issue in the patient, among other things.

 

  • Damages: The plaintiff must also be able to prove that he or she suffered damages as a result of the health care professional’s breach of duty. In medical malpractice cases, compensable damages may include things like medical expenses, the cost of future medical care, lost wages, pain, and suffering, and other losses sustained as a result of the medical malpractice.

Medical malpractice can take many forms including:

  • Surgical mistakes
  • Misdiagnosis
  • Delayed diagnosis or missed diagnosis
  • Birth errors
  • Prescription errors 

In any of these forms, the same four elements must be established.

Syracuse Medical Malpractice Attorneys

If you have been hurt due to negligent medical care, the dedicated team of medical malpractice attorneys at CDH Law is here for you. Contact us today.