Medical Negligence


We all put a great deal of confidence and trust in the physicians and health care providers who attend us—and we should. The United States boasts one of the most advanced health care systems in the world, and there is no question that the majority of our doctors and hospitals work tirelessly to ensure our health and safety.

But there is also no denying that errors in medical care and judgment do occur and oftentimes, these failures are the result of avoidable negligence and malfeasance. In fact, as many as 98,000 Americans die each year as a result of medical errors and a staggering 300,000 people are injured due to medical malfeasance in the hospital setting alone. The Institute of Medicine estimates that over 8000 Americans die due to prescription errors. At the highest level, some studies have suggested that the combined number of medical injuries (in hospitals and in private practice) is more than one million per year.

When unfortunate mistakes occur in a medical or hospital setting the law provides remedies to recover for the resulting losses including losses for medical expense, lost income, and monetary damages to compensate for physical disabilities and pain and suffering occasioned from these tragic medical errors.

The legal standard of proof for medical malpractice is defined as "professional negligence where the healthcare provider deviates or departs from the accepted standard of care”. Medical errors that could be the basis of a law suit include:

» A physician’s failure to diagnose a serious condition or illness such as cancer, infection or a progressive disease which requires immediate diagnosis and medical intervention

» The surgical team’s failure to perform surgery with the accepted and required standards of care

» The physician’s failure to inform the patient of the risks associated with treatment

» The physicians’ failure to refer the patient for further consultation with specialists, or for additional and necessary diagnostic tests necessary to establish the appropriate diagnosis or condition

» The hospital’s failure to prevent patient injuries which occur from falls and other mishaps during treatment and hospitalization



Ashkin Law Firm
Roberta Ashkin, Esq.
300 East 42nd St. 14th Fl
New York New York 10017
Telephone: (646) 779 8520
Facsimile: (212) 593 9997
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