Common Examples of Medical Malpractice in New York and How to Spot Them

By seriousl March 24, 2025

If a patient endures injury or worsened illness due to medical failures, then a basis for legal action may exist.  It’s important to remember that not every bad outcome in a medical setting constitutes malpractice. It must be shown that the provider’s negligence directly caused the patient’s injury.  Poissant, Nichols, Grue, Vanier & Babbie, P.C. is dedicated to helping individuals in Malone, NY  pursue justice in cases of medical malpractice. 

Our skilled lawyers examine multiple factors: whether the provider breached a recognized duty of care, whether this breach caused tangible harm, and whether losses like medical bills or lost wages resulted from that harm. Several situations can lead to medical malpractice claims. Here are some common examples:

Misdiagnosis and Delayed Diagnosis

One of the most prevalent forms of malpractice is misdiagnosis or delayed diagnosis. A doctor malpractice lawyer will look for signs that a physician overlooked critical test results, dismissed a patient’s symptoms, or failed to recommend appropriate referrals. For example, diagnosing pneumonia as a common cold may cause the condition to progress and lead to complications such as respiratory distress.

How to spot it:

• Persistent or worsening symptoms despite reassurance from the doctor that “all is fine.”
• Major discrepancies between different physicians’ interpretations of the same tests.
• Unusually long intervals before receiving a definitive diagnosis.

When symptoms do not improve under the provided care, seeking another medical opinion can be a prudent step. If the second opinion reveals that a serious condition was overlooked, discuss your concerns with a medical injury lawyer to explore potential claims.

Surgical Errors and Post-Operative Complications

Surgery is designed to fix underlying health problems, but errors can arise in the operating room or during post-operative care. Mistakes might include operating on the wrong site, leaving surgical tools inside the body, or failing to address complications like infections or internal bleeding. These lapses could lead to severe injuries that might require further treatment or cause permanent disability.

How to spot it:

• Unexpected or unexplained symptoms, such as persistent fever, extreme pain, or foul-smelling discharge around the incision site.
• Lack of proper follow-up care or disregarding patient complaints of discomfort.
• Post-operative imaging that reveals retained surgical instruments or injuries unrelated to the original condition.

Medication and Pharmacy Mistakes

Medication errors can happen at any point: prescribing, dispensing, or administering the drug. Incorrect dosages, mixing up similar-sounding drug names, and overlooking dangerous drug interactions all pose significant risks. According to the Food and Drug Administration, standardizing labels and improving communication are key preventive measures in healthcare settings.

How to spot it:

• A prescription that conflicts with known drug allergies documented in your records.
• Side effects or complications vastly different from those the physician described.
• Feeling no improvement or an unexpected worsening of your condition after starting a new medication.

Birth Injuries and Obstetrical Negligence

Expecting a child is often an exciting time, but inadequate prenatal monitoring or unsafe delivery practices can cause serious birth injuries. Conditions like cerebral palsy, nerve damage, or oxygen deprivation may result if proper procedures are not followed. New York medical negligence lawyers review prenatal records, labor logs, and neonatal reports to identify whether certain injuries were preventable.

How to spot it:

• A newborn displaying symptoms like unusual muscle weakness or restricted movement soon after birth.
• Delayed medical interventions (e.g., failing to perform a C-section in cases of fetal distress).
• A healthcare provider’s reluctance or inability to explain why complications occurred during delivery.

Anesthesia Errors

Safe anesthesia requires thorough patient evaluation, precise dosage, and vigilant monitoring of vital signs. Errors in anesthetic administration can bring dire consequences, including permanent brain damage or fatal outcomes. Even lesser complications—such as respiratory distress or prolonged unconsciousness—can indicate lapses that might support a negligence claim.

How to spot it:

• Excessive confusion, memory loss, or cognitive deficits post-procedure.
• Significant fluctuations in blood pressure or oxygen levels that go unaddressed during surgery.
• Unusual allergic responses that were not predicted or managed properly.

Communication Breakdowns and Improper Recordkeeping

Efficient communication among healthcare team members is vital for patient safety. When doctors, nurses, and specialists fail to share critical information about diagnoses, drug allergies, or lab results, serious harm can result. Misplaced or incomplete medical records can also create serious gaps in care, leaving patients vulnerable to incorrect treatments.

How to spot it:

• Conflicting instructions from different members of the healthcare team.
• Multiple tests ordered without clear explanations or rationales.
• Vague responses when requesting copies of medical records or test results.

Lack of Informed Consent

Healthcare providers are responsible for informing patients about the potential risks, benefits, and alternatives associated with a proposed procedure or treatment. If a procedure is carried out without obtaining proper consent, it might support a claim of malpractice—even if the treatment was otherwise carried out correctly. An experienced medical negligence lawyer would determine whether the information provided was both accurate and understandable to the patient.

How to spot it:

• Receiving a treatment or procedure you did not fully understand or agree to.
• Being rushed through consent forms without the chance to ask questions.
• Discovering later that there was a less invasive or safer treatment option that was never mentioned.

Knowing When to Take Action Against Medical Malpractice

If you have strong indications—such as contradictory diagnoses, frequent hospital visits that yield no answers, or injuries that plainly result from a procedure gone wrong—it may be time to discuss potential recourse with a doctor malpractice lawyer. Swift action can preserve critical evidence and witness accounts. You do not need to be certain of malpractice before reaching out for assistance; simply suspecting a significant deviation from standard care is sufficient to begin investigating.

For a detailed review of your circumstances, call 518-483-1440 or visit this page to get started.