Medical Malpractice

Medical malpractice is defined as professional negligence either by a direct act or omission by your health care provider, whereby the treatment provided fails to meet the acceptable standard of practice within the medical community, resulting in medical injury or death to the patient.

It is interesting to note that a doctor can be held liable, depending on the conditions, for such things as prescribing experimental drugs to performing cosmetic surgery. Medical malpractice is among the most important medical insurance issues in the United States. In a statement noted in a Harvard Medical Practice Study from 1990, claims that over 80,000 medical patients die in US annually due to medical malpractice. These numbers are significantly much higher in the recent years considering the latest medical reports.

Our aim is to provide important information about medical malpractice as well as inform patients about their rights and info on how to reduce medical risk and save lives.

There are many standards and policies in place for medical malpractice, which varies from State to State. Arising out off all these policies is the fact that medical professionals/providers must obtain liability insurances to assist with offsetting the risk and costs of lawsuits based on medical malpractice. Due to the increase in medical negligence the cost of medical malpractice insurance began rising in early 2000s. Rate increases have been precipitated due to the growing sizes of claims being submitted, particularly in urban areas.

In January 2011, President Obama noted in his ‘State of the Union’ address that he was going to open legislation that would ‘rein in frivolous lawsuits as part of an overall effort to curb healthcare costs’. The President followed up his remarks by including a $250 million item in his 2012 budget for said purpose. The money would be administered by the U.S. Justice Department to assist each state overhaul their medical malpractice laws.

Grants would be provided primarily to assist with setting up health courts, where specially trained judges would make informed decisions about awards; create “safe harbor” laws that establish a legal defense for medical practitioners to adhere to the best clinical practices and use electronic records; and establish an early disclosure programs, whereby hospitals and doctors offer an apology and compensation for fatal errors. It is to be noted that The Obama Administration does not favor any caps on awards to be granted.

In light of all this support in place, which should potentially assist in deterring the increase of medical malpractice, we continue to see an increase in the number of lawsuits against medical professionals and or hospital facilities. There have been no decrease regarding the kind of cases being brought to our attention as a result of doctor errors, nursing errors, radiologist errors, medical technician or hospital errors. Some of the most common examples of medical malpractice cases include:
  • Failure to Listen to the Patient (the number error in medical malpractice, this one mistake often leads to misdiagnosis resulting in fatality. In theory, doctors know that taking the patients’ complete medical history is essential to proper diagnosis. Unfortunately, too many doctors maybe practicing ‘assembly line medicine’ thereby giving their patient too little time or maybe because of arrogance or simple distraction but they forget how important it is to simply listen to their patients then make an informed diagnosis)
  • Delay in Diagnosing (delay in diagnosing when there is a time delay between a patient seeing a doctor and having the correct diagnosis of a medical condition. Misinterpreting or disregarding symptoms presented by the patient, assumption by health care providers of benign conditions, failure to review laboratory and diagnostic reports, and failure to follow-up on tests especially if their first test did not reveal anything can lead to a delayed diagnosis.)
  • Failure to order the proper test (failure to conduct basic preventative tests and maintenance tests such as pap smears and mammograms (to detect disease in its early stages) can result in misdiagnosis.)
  • Disease Free Patients (patient diagnosed with a particular condition and did not have any medical conditions to start with)
  • Improper Treatments (being misdiagnosed initially and as such subjected to improper treatment and preventable procedures. For example, wrong limb amputated , wrong organ operation/transplant, inappropriate administration of chemotherapy, and/or prescription medication errors)
  • Loss of Records (medical records, patients history being misplaced or lost can jeopardized the patient being correctly diagnosed)
  • Medication causing health issues (prescribing different types of medication that do not work hand in hand, causing a high number of side-effects)
  • Improper evaluation of test results (misreading and improper evaluation of test results or X-ray, resulting in illness or injury progressing)
  • Underlying disease misdiagnosed (missing and underlying disease as the may have been none or very little symptoms available)
  • Related disease (different type of diseases sharing the same type of symptoms. Diseases sometimes sharing the same underlying symptoms can often be confused. For example pulmonary tuberculosis is often confused with respiratory problems and the common cold.)

Medical malpractice has become far too rampant here in the US and the situation continues to escalate daily. Here at the Law Office of Aleksandr Vakarev Esq., we firmly believe that these negligent doctors, nurses and other medical care providers should be held liable for the lifetime of suffering that is inflicted on their patients and their families.

The New York medical malpractice attorneys at the Law Office of Aleksandr Vakarev Esq., work with top experts in every medical specialty. Our highly trained lawyers and paralegals, work together as a team to achieve the best possible results at trial, to achieve a favorable settlement for our clients.

If you or a loved one has been injured due to someone poor maintenance and negligence, you may be entitled to monetary compensation for:
  • Medical & Hospitalization Bills
  • Cost of Medication
  • Specialized Testing due to Injury
  • Doctors’ follow-up visits
  • Property Damages
  • Loss of Earnings
  • Future Loss of Earnings
  • Emotional Pain & Suffering

With the help of a dedicated New York Personal Injury Attorney at the Law Office of Aleksandr Vakarev Esq, we will determine whether your personal injury case has merit.


Our personal injury lawyers’ work on a contingency basis, so you only pay a fee if we recover money for you. Contact our experienced Attorneys today at the LAw Office of Aleksandr Vakarev Esq., for a free consultation at 718-839-6885.


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