Medicine is an art, not a perfect science. A surgery failing doesn't automatically mean the doctor was negligent. However, there is a clear legal line between an unfortunate complication and medical malpractice.
The Standard of Care
The core question in any malpractice case is: What would a reasonably competent doctor have done in the same situation?
If a competent doctor would have ordered a CT scan for your symptoms, but your doctor sent you home with Tylenol and you suffered a stroke, that is a deviation from the standard of care.
Common Forms of Malpractice in NYC
- Failure to Diagnose: Missing signs of cancer, stroke, or heart attack in the ER.
- Surgical Errors: Operating on the wrong site, leaving instruments inside, or nicking vital arteries.
- Birth Injuries: Failure to perform a C-section when the baby is in distress (Cerebral Palsy).
The 'Certificate of Merit'
In New York, we cannot just sue a doctor. We must consult with a medical expert who reviews your records and confirms there is a reasonable basis for the lawsuit. At LawNowNYC, we front the cost for these world-class experts to review your case before you pay a dime.