Not every bad outcome is malpractice — but these red flags are worth a closer look.
The legal standard
Medical malpractice is not simply an unhappy result. It means a provider fell below the accepted standard of care, and that failure caused harm. Proving it almost always requires review by a qualified medical expert.
Common red flags
Warning signs include a diagnosis that was missed or badly delayed, a surgical complication that seems out of the ordinary, a medication or dosage error, an injury during childbirth, or a provider who cannot explain what happened. Trust your instincts and keep your records.
What to do next
Request complete medical records and avoid signing releases you do not understand. A malpractice attorney can arrange an independent review to determine whether the standard of care was met.
Frequently asked questions
Is a bad outcome always malpractice?
No. Medicine has risks even when care is excellent. Malpractice requires a departure from the accepted standard of care that causes harm.
How do I prove it?
New York generally requires expert medical testimony. We work with qualified experts to evaluate whether malpractice occurred.
Related
Injured in New York? Alan Ripka & Associates offers a free, confidential case review in English, Spanish, or Russian. Call 212-557-4777.
Attorney Advertising. This article is general information, not legal advice, and does not create an attorney-client relationship. Every case is different; prior results do not guarantee a similar outcome. For advice about your situation, contact Alan Ripka & Associates, LLP at 212-557-4777 for a free consultation.
