Liability for Medical Malpractice

Medical Malpractice Lawsuits

The concept of medical malpractice is not limited to the negligent actions of doctors or nurses. New York medical malpractice law also applies to hospitals, anesthesiologists, pharmaceutical companies, dentists and other individuals and institutions that provide health care services. If you suspect your injuries were caused by medical negligence, our New York medical malpractice lawyers can determine whether another individual or entity is responsible for your suffering. To speak with our medical malpractice attorneys in New York about your claim, simply fill out our FREE case review form.

New York Hospital Negligence

A typical New York hospital will employ licensed doctors, as well as other medical professionals including nurses, physician's assistants and medical technicians. Under New York medical malpractice law, hospitals can be held accountable for their own negligence, as well as the negligence of their employees. When hiring a medical team, a hospital must inquire about an applicant's experience, licensing, education and training. When a hospital fails to make reasonable inquiries about an applicant's background, it can be held accountable if the employee's negligence causes injury to a patient. For instance, a hospital can be liable for its own negligence if it fails to investigate a doctor's credentials before allowing him or her to work at the hospital, or for hiring a doctor who it knew or should have known lacked the ability to properly treat patients.

New York hospitals are also required to make sure that there is an adequate number of nurses on duty to uphold quality patient care. A hospital that fails to schedule a sufficient number of nurses at all times can be held accountable for patient injuries resulting from the nursing shortage. A New York hospital may also be held accountable for injuries caused by the following:

  • Failure to properly perform clinical tests
  • Failure to maintain accurate medical records
  • Failure to properly admit and discharge patients
  • Refusal to treat seriously injured or sick people on an emergency room basis
  • Failure to follow directions of a patient's private attending doctor

Pharmaceutical Company Liability

Drug manufacturers are required to inform doctors of all dangers associated with a particular medication. Therefore, in certain situations, a pharmaceutical company can be held accountable for a patient's injuries if they failed to warn doctors of a medication's potential side effects. Because a drug manufacturer's key duty is to doctors, the company will generally not be liable for a patient's injury provided that they properly informed the doctor of the drug's side effects.

A pharmaceutical company also owes a duty to consumers to ensure the drug it produces is reasonably safe when used as intended. To evaluate a drug's safety, the manufacturer must research the medication's possible side effects before releasing it into the marketplace. If the company fails to properly warn a doctor of a drug's risks, the drug becomes "unreasonably dangerous" and the manufacturer may be responsible for their failure to provide proper warnings.

Due to their extensive medical knowledge, prescribing doctors are typically in the best position to determine whether a drug or medical device is appropriate for a patient, as long as they are properly informed by the manufacturer of the product's potential side effects. Therefore, the doctor has the primary duty to inform a patient of the risks associated with a prescribed medication or device.

New York Medical Malpractice Lawyers

Determining liability in a New York medical malpractice case is often a difficult task. Therefore, it's advisable for injured patients to seek advice from a qualified New York medical malpractice lawyer to identify potential defendants. For a FREE initial legal consultation from a medical malpractice attorney in New York, fill out our case review form today. If your claim is valid, our New York medical negligence lawyers will investigate all potential defendants in your New York medical malpractice claim to help ensure you are fully compensated for your injuries.

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