Many people are injured each year as a result of medical malpractice, whether in a doctors office or in a hospital. When a doctor fails to use due care and fails to follow accepted standards of medical care in treating a patient and the patient is injured, a claim for a medical malpractice lawsuit can arise. Medical malpractice can occur when a doctor fails to diagnose or misdiagnoses a condition resulting in the patient not receiving timely and proper care, when a surgical procedure is carelessly performed resulting in injury or when a doctor’s advice falls below the standard of care in the profession.

Malpractice can occur during delivery and childbirth resulting in permanent injuries to the child. For example, injuries to the baby can occur due to malpractice during delivery when insufficient oxygen reaches the baby resulting in Cerebral Palsy.

Other examples of medical malpractice lawsuit would be when a foreign object is left in the patient after a surgery such as a sponge or surgical instrument. When a physician fails to diagnose or misdiagnoses cancer depriving the patient of the chance for early and possibly lifesaving treatment.

In a related area, nursing homes must follow accepted professional standards in caring for their residents. If a nursing home resident is injured through the negligence of the home, a medical malpractice lawsuit claim may be made to recover for the resident’s injuries and loss.


New York State Department Of Health –
Professional Misconduct & Physician Discipline