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What qualifies as Malpractice?

Setauket, NY |

Does having your ear drum punctured during a routine irrigation qualify as Malpractice?

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Attorney answers 3


The definition of medical malpractice is an act or omission by a health care provider that deviates from what is the accepted standards of practice in the medical community. This act or omission then causes injury to the patient. Medical malpractice is basically professional negligence by a health care professional that leads to an injury or complications on the part of the patient.

In a medical malpractice suit there is the plaintiff and the defendant. The plaintiff is the patient or the family of the patient while the defendant is the health care provider. For a case to meet the medical malpractice definition the plaintiff must be able to prove their case. Some of the things that the plaintiff will need to prove include:

* A duty was owed by the hospital or health care provider.
* The duty was not acted upon. In short, the provider failed to provide the standard of care.
* The breach of duty caused an injury to the patient
* Losses. The plaintiff must be able to prove that there were damages, otherwise a medical malpractice suit is not applicable even if the provider was negligent.

From the facts you have given, it is difficult to determine whether the doctors/hospitals did anything negligent, although it certainly sounds like it is potentially a strong case. You should consult with an attorney in your area who has previously handled these types of cases. The attorney will look at the medical records and go over them with a medical expert to determine whether there were any departures from what is normally accepted practice in your area for this type of medical situation.

Using the search functions on this website at for a malpractice attorney is a good approach to finding an attorney. However, if you feel more comfortable, you can contact me directly at or at my telephone number which is shown on my Avvo profile. You can also review my website at which has a section devoted to Medical Malpractice in New York.

I encourage you to act quickly, so that you can relate your recollection of what had occurred does not fade. I would also want you to be sure that time deadlines for filing such a case are met.

Mary Katherine Brown

Mary Katherine Brown


As always, the highest regard should be given to the information provided by your local attorneys.


Doctors in specialized areas of medicine are held to the standard of a specialist in that field of medicine so if you saw an ear nose and throat specialist or otolaryngologist they would be held to the standard of that kind of specialist.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.


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