7 Signs Of Medical Malpractice

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When you see a doctor or undergo a form of medical treatment, you trust that you will get quality care from a knowledgeable and experienced professional. Health care providers have a duty to take care of you.

While there are plenty of highly skilled doctors and medical staff who routinely do a great job, unfortunately, careless mistakes are made, and things can go wrong.

If you have been injured due to the negligence of a doctor or another health care provider in New York, you may be able to file a medical malpractice claim. The aim of this blog is to inform you of the possible signs that may indicate that medical malpractice is to blame for your injuries. To hold a medical provider liable, you will have to show that your treatment was negligent.

If you suspect that negligence or recklessness was the cause of your injuries, you need to discuss it with an experienced New York medical malpractice attorney. The medical malpractice lawyers at Finz & Finz, P.C. can give you a better idea if you have a viable claim and, if so, the types of compensation you may be entitled to. Call now at 855-TOP-FIRM to set up a free and confidential consultation.

Common signs of medical malpractice include:


Getting medical treatment immediately is critical in avoiding the worsening of a condition. Doctor screenings are intended to identify problems as soon as possible and promptly treat those problems. When you see your doctor with an existing medical issue, you expect them to make a diagnosis based on your symptoms and then work to aid the issue.

When a physician fails to recognize the signs of a disease or condition or misdiagnoses, that could constitute medical malpractice. Misdiagnosis can create a worse condition that results in severe pain and costly procedures. Misdiagnosis could be a result of a doctor’s error or misjudgment, or because they failed to take into account a patient’s medical history and symptoms.

No Informed Consent

Prior to undergoing surgery, you must sign a form that says you understand all the risks involved and that you consent to the procedure. It is the responsibility of your physician to explain everything to you about the surgery, including the potential dangers and the recovery process.

It’s important to make sure you have closely read through all the materials and understand the risks associated with the surgery. If your consent was not sufficiently informed by the doctor, there might be grounds for a medical malpractice claim.

Unanticipated Complications

When your doctor gets your informed consent, they should warn you about common complications. If you experience an unanticipated complication, it is in your best interest to consult with an experienced medical malpractice attorney. This also could include a medical error, such as leaving a surgical clamp inside your body during the procedure. Unanticipated complications could also indicate your doctor overlooked an existing medical condition or an allergy, or they did not take the appropriate actions during the surgery.

Diagnosis Based Only on Lab Testing

Doctors are trained on how to ask patients the appropriate questions. If you were given a diagnosis simply from lab tests, that may be a sign of medical malpractice. You deserve a thorough medical examination with a discussion of your symptoms and treatment options. When your doctor refuses to listen to your symptoms and concerns, their diagnosis is not going to be based on all the facts and circumstances. It may be considered negligence if a doctor makes a diagnosis based on lab tests alone.

Wrong Medications

Before a doctor writes a prescription, they need to learn about all the patient’s pre-existing conditions so that the drug prescribed produces the fewest side effects possible.

Prescribing the incorrection medications can result in:

  • Experiencing serious side effects
  • Taking too much or little of a dose
  • A patient taking more medications than needed
  • Experiencing an allergic reaction that could lead to emergency treatment

Administering wrong medication or dosage, or when a drug interaction occurs due to a doctor’s negligence, serious adverse side effects or even death can result.

Hospital is Understaffed

Hospitals, clinics, and other health care facilities go through staff shortages. If cases of understaffing, staff members are often overworked and tired. This can make them more prone to making medical errors, like administering the incorrect medication. If you believe the medical care you received was subpar due to understaffing, you may have grounds for a medical malpractice claim.

Worsening Health Despite Following Treatment

If you have been treated but are not getting any better, it could be a sign you were misdiagnosed. However, not having any improvement after starting a new prescription or undergoing surgery does not necessarily mean medical malpractice occurred. It may take some time for the treatment to take effect, or the physician could begin something less intense and invasive before administering a stronger treatment.

But if your physician is not willing to admit that the treatment is ineffective, or they seem hesitant to try another treatment, consider getting a second opinion. Getting a second or third opinion can be crucial to uncovering potential medical malpractice. If your misdiagnosis or improper treatment caused you harm, you may be able to file a medical malpractice lawsuit.

Contact a New York Medical Malpractice Lawyer

Many people who believe they have been victims of medical malpractice don’t know where to begin. The first step is to meet with an experienced New York medical malpractice attorney. A skilled lawyer will be able to help you determine if you have a viable case. At Finz & Finz, P.C., our experienced New York medical malpractice lawyers are committed to offering a thorough analysis to determine if you have a case. Call now at 855-TOP-FIRM to schedule a free and confidential consultation.

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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.