What Is Considered Medical Malpractice?

July 31, 2023

Being in the hospital while you are sick or injured is scary by itself without the additional worry of whether your doctors or nurses will make a mistake that could cost your life or risk your health. When you are vulnerable in the hospital, the last thing you want to be worrying about is possible medical malpractice, but it is always a possibility.

If an unfortunate instance of malpractice happens to you or a loved one, review this guide to medical malpractice to learn how you can receive your due compensation.

What Is Medical Malpractice?

Medical malpractice is a departure from the applicable standard of care that causes injury. Medical malpractice can include:

Preventable mistakes in surgery/unnecessary surgery
Incorrect diagnoses
Wrong dose or medication
Failure to provide aftercare
Failure to complete the needed tests
Failure to recognize/ask for symptoms
Premature discharge
Failure to gather patient history
Failure to get informed consent

Any of these negligent acts could result in a misdiagnosis or mistreatment of a patient. If your doctor or medical provider fails to provide you with proper care, it could lead to serious injury, illness, or even death.

Proving Medical Malpractice

Unfortunately, if you have experienced medical malpractice, it falls on you, and your lawyer, to prove that the malpractice took place. The healthcare provider who took part in the negligence only has to find ways to disprove you; the burden of proof falls in your lap.

There are a few requirements for a case for it to be considered a medical malpractice case:

Improper care took place in the hands of the medical practitioner
The improper care resulted in injury, illness, or some form of physical harm to the patient
Damaging consequences resulted from the malpractice

If you are unable to prove that these things happened, you will not have a case to pursue.

Damaging Consequences

If you are trying to prove that your healthcare provider committed medical malpractice against you, you will need to prove that their negligence caused consequences in your life that otherwise would not have happened.

Some damaging consequences can include:

Loss of income
Disability
Chronic pain
Suffering
Hardship

For example, if you can prove that your healthcare provider neglected an infection in your leg causing it to spread so severely that an amputation was needed to save your life, you should easily be able to prove the damaging consequences.

Let's say you are a construction worker. With an amputated leg, you would not be fit for the job anymore, which would result in you becoming unemployed and losing income. Additionally, because you are now disabled and relearning how to complete your daily activities, this injury could be considered a hardship.

Informed Consent

Informed consent is important in health care. Informed consent refers to your right as a patient to have all the information about a treatment or procedure that you have the option of partaking in. That includes any risks involved in those options.

For example, your healthcare provider could perform a procedure perfectly, with no complications, but if they neglected to tell you that there was a 50% chance that you could wake up paralyzed, they could still be held accountable. If your healthcare provider had told you every risk involved in the procedure, you may have decided not to risk it, but by not giving you that information, your healthcare provider took your informed consent away from you.

An exception to informed consent is when emergency life-saving measures are needed immediately. If you come into the emergency room on the verge of death, your healthcare provider does not have time to discuss the risks to you or your family before doing what they can to save your life.

If you have fallen victim to medical malpractice or had your informed consent taken away from you, contact us at Neimark Coffinas & Lapp, LLP, today for a free consultation. We will do everything in our power to get you the justice you deserve.

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How New York No-Fault Insurance Affects Your Car Injury Attorney Claim in Spring Valley

By NCL Law • September 29, 2026

New York no-fault insurance directly shapes every car injury claim in Spring Valley, NY. Knowing how it works can mean the difference between recovering your full losses and walking away with far less than you deserve. If you were recently hurt in a crash in Rockland County, speaking with a Car Injury Attorney is one of the most important steps you can take. This article explains what no-fault insurance covers, when you can sue outside the system, and how to protect your claim from the start. What Is New York No-Fault Insurance? New York is a no-fault insurance state, which changes how almost every car accident claim works in Spring Valley, NY. Instead of first pursuing the at-fault driver, you file with your own insurance company to cover early losses. State law requires every driver to carry Personal Injury Protection (PIP) coverage. PIP pays for medical treatment and a portion of lost wages regardless of who caused the collision. The minimum PIP limit is $50,000 per person, but serious injuries in Rockland County can push costs past that threshold quickly, especially when surgery, imaging, or extended physical therapy is involved. PIP covers reasonable medical bills, a share of lost income, and related out-of-pocket expenses. It does not cover pain and suffering or other non-economic losses. A Car Injury Attorney can review your policy and explain exactly where your coverage ends and your exposure begins. What Does PIP Not Cover in a Spring Valley Crash? PIP provides a financial floor, but it has real gaps. The no-fault system does not compensate you for pain, emotional distress, or the impact your injuries have on daily life. Those losses require stepping outside the no-fault system entirely. To pursue a claim against the at-fault driver for non-economic damages, your injuries must meet New York's "serious injury" threshold under Insurance Law § 5102(d). Qualifying injuries may include significant disfigurement, bone fractures, permanent limitation of a body organ or member, significant limitation of a bodily function or system, or total disability lasting at least 90 of the first 180 days following the accident. Soft-tissue injuries such as whiplash or disc herniations are common near Route 59 and the Thruway interchange, and insurers frequently dispute whether those injuries qualify. A Car Injury Attorney serving Spring Valley, NY, can help document your condition so a soft-tissue or spinal injury is not dismissed without a fair review. Key Deadlines You Cannot Afford to Miss Deadlines in New York no-fault cases are strict. You must file your PIP claim within 30 days of the accident. Medical bills must be submitted to your PIP provider within 45 days of each treatment. After those windows close, your insurer may legally deny the claim. The statute of limitations for a personal injury lawsuit in New York is generally three years from the accident date. Missing that deadline eliminates your right to recover compensation through the courts. Consulting a Car Injury Attorney promptly helps ensure none of these windows are missed. Local matters are handled through the Rockland County Supreme Court in New City, NY, and familiarity with that courthouse matters. Common Insurer Tactics That Can Hurt Your Claim Insurance companies routinely look for ways to limit payouts. Insurers may schedule Independent Medical Examinations (IMEs) to challenge whether your continued treatment is medically necessary. Missing an IME can result in termination of PIP benefits even while you are still actively treating. Carriers may also argue your injuries do not meet the serious injury threshold, pointing to gaps in treatment, inconsistencies in records, or pre-existing conditions. Consistent medical documentation from a doctor familiar with no-fault claims reduces your exposure to these tactics. A Car Injury Attorney can make a meaningful difference in how your records are compiled and presented. Can I Still Sue if My Injuries Exceed My PIP Limits? Yes. If your medical costs exceed your PIP coverage and your injuries meet the serious injury threshold, you may pursue additional compensation for expenses beyond PIP limits, lost income, pain and suffering, emotional distress, and permanent disability. What Happens if the At-Fault Driver Was Uninsured? If the driver who hit you in Spring Valley, NY, carried no insurance, your own Uninsured Motorist coverage may apply. New York law requires insurers to offer this coverage, and the same serious injury threshold rules apply. A Car Injury Attorney can help you navigate the process and fight for the full benefits available under your policy. How Long Do I Have to File a PIP Claim After a Crash? You must file your PIP claim within 30 days of the accident date, and medical bills must be submitted within 45 days of each treatment. These deadlines are enforced strictly, and late submissions can result in denial even when your underlying claim is valid. Talk to a Car Injury Attorney Before You Settle Accepting an early settlement before you understand the full scope of your injuries may leave significant compensation unclaimed. A settlement that looks fair today could fall short once future medical costs, rehabilitation needs, and lost earning capacity are factored in. Neimark Coffinas & Lapp LLP serves accident victims throughout Rockland County and the broader Hudson Valley from offices in New City, NY. The firm works on a contingency fee basis, meaning you pay no attorney fees unless compensation is recovered. Free consultations are available 24/7. Call (888) 725-7424 or visit the contact page to schedule your free consultation. You can also learn more on the firm's Spring Valley auto accidents page.