Medical Malpractice Attorneys in Manhattan
People travel from all over the world to come to New York City for top-notch medical care from some of the best doctors and hospitals available. Patients put their lives in the hands of doctors and trust them to properly diagnose and treat any ailment that may be impacting them. When a medical professional fails to meet the standard of care that his or her peers would meet in a similar situation, they may have committed medical malpractice. If you are the victim of medical malpractice in NYC, it is important to consider your legal options. Swerling Law can help you find justice after this challenging time. Contact our office today to discuss your case.
Types of Medical Malpractice
The medical field is vast. The human body is incredibly complex and like a machine, has many different parts. Therefore, when something goes wrong, it can be difficult to determine the problem and find a solution. We rely on medical professionals to spot any serious health concerns and determine an appropriate treatment plan very quickly. Unfortunately, some medical professionals do not provide the treatment that we expect them to. Just a few of the various types of medical malpractice that may occur in New York City are as follows:
- Failure to diagnose
- Birth injuries
- Anesthesia errors
- Surgical errors
- Medication errors
- Failure to diagnose cancer
Does the Burden of Proof Apply to Malpractice Cases?
One of the standards throughout personal injury law is that the injured party must prove that the other party’s negligence resulted in their injuries. This is known as the burden of proof and it is also applicable to medical malpractice cases. This requirement is part of what makes medical malpractice cases so challenging. It is important to understand that not all medical issues are considered malpractice because sometimes the issue is unavoidable and other doctors would find themselves in a similar situation. If you are unsure about whether a medical issue is considered malpractice, contact Swerling Law today to discuss your situation.
Physician Confidentiality Breaches
The principle of physician-patient confidentiality is foundational in the realm of healthcare. It is an ethical and legal obligation for physicians to keep patient information private, ensuring that personal health details are disclosed only with patient consent or under legally permissible circumstances. This encompasses medical history, current symptoms, test results, and any other health-related information, and this trust is critical to the doctor-patient relationship, enabling open communication and effective treatment. However, breaches of this confidentiality can occur, leading to significant implications for both the patient and the physician.
Examples of Physician Confidentiality Breaches
The principle of physician-patient confidentiality is protected under laws like the Health Insurance Portability and Accountability Act (HIPAA) in the United States, but, unfortunately, there are various ways in which physicians will sometimes breach this trust. Some common examples of breaches of physician-patient confidentiality are as follows:
- Unauthorized Disclosure: Sharing patient information without consent to family, friends, or other unauthorized individuals.
- Loss or Theft of Data: Unsecured storage leading to loss or theft of patient records.
- Social Media Exposure: Discussing patient cases on social media platforms, even if names are not directly mentioned.
- Inadequate Data Security: Failing to protect electronic health records from unauthorized access.
- Improper Disposal of Records: Disposing of patient records without ensuring they are unreadable.
- Gossiping About Patients: Discussing patient information in public areas where it can be overheard.
When Does a Breach Constitute Medical Malpractice?
A breach of physician-patient confidentiality becomes a case of medical malpractice when it causes harm to the patient. For a breach to rise to the level of malpractice, the following elements must be present:
- Duty of Confidentiality: The existence of a doctor-patient relationship, establishing the physician’s duty to maintain confidentiality.
- Breach of Duty: Evidence that the physician disclosed confidential information without proper authorization or need.
- Causation: A direct link between the breach and harm suffered by the patient. This could include emotional distress, reputational damage, or even financial loss.
- Damages: Quantifiable harm caused by the breach, such as costs for therapy, loss of employment, or other measurable impacts.
If you suspect that your physician has breached confidentiality in a way that aligns with medical malpractice, please don’t hesitate to contact a seasoned medical malpractice attorney from our legal team.
Statute of Limitations in New York City
The statute of limitations exists to place a deadline on how long legal action can be taken. If you fail to file your claim within the statute of limitations, you may be barred from taking action against the negligent party, which ultimately means that you are forfeiting your right to collect compensation for the matter. In New York, the statute of limitations for medical malpractice cases is 2.5 years from the date of the incident. Don’t hesitate to contact an attorney because the clock is already ticking on your case.
Contact a NYC Medical Malpractice Attorney
Have you suffered at the hand of a medical professional that you trusted to solve a medical issue? If so, Swerling Law can help you find justice. You may be entitled to significant compensation as a result of the medical malpractice committed by your doctor. Swerling Law understands the physical, emotional, and financial burdens that medical malpractice can cause. Contact Swerling Law today to discuss your case.