Medical Malpractice

Medical malpractice occurs when a doctor or hospital fails to provide safe medical treatment to a patient. In legal terms, it is when there is a deviation from the accepted standard of care in the community where the doctor or hospital is located. In medicine, when a doctor agrees to diagnose or treat a patient, he or she has assumed a responsibility to provide safe care toward that patient. If that responsibility is breached, and injury results, medical malpractice may have occurred. Examples of medical malpractice include complications from improper care, failure to diagnose cancer, birth injuries, cerebral palsy, and erbs palsy.

At Belluck & Fox, we provide individualized legal expertise and representation for medical malpractice cases in the state of New York.

Medical malpractice is a major problem, with approximately 80,000 people dying in the United States each year due in part to medical malpractice. The problem has gotten worse due to HMOs. According to a National Academy Institute of Medicine study, each year more people die from medical errors than from motor vehicle accidents (43,000) and AIDS. This figure is based on the extensive Harvard Medical Practice Study. The Harvard study was a report for the State of New York and its conclusions have been confirmed by similar studies. Moreover, these statistics do not take into account medical malpractice deaths occurring in clinics, private doctors offices, or other treatment facilities.

There are strict time limits for filing medical malpractice cases, including birth injury cases. Therefore, it is important to consult with an attorney immediately to protect your rights. If you have been or your loved one has been injured by medical malpractice, please contact Belluck & Fox.