Medical Malpractice Attorneys

Medical professionals must comply with a certain standard of care for their patients. If a health care provider is not able to meet the standard of care, and this failure results in injuries or complications for the patient, it could be a cause for a claim for negligence.

A successful malpractice lawsuit can assist in the payment of medical costs, reimburse lost wages and acknowledge the pain and suffering. However, medical malpractice lawsuits are often complex.

Incorrect diagnosis

Medical malpractice claims involving misdiagnosis are common. This type of case typically involves a health care provider not correctly diagnosing a patient with an illness or injury. A physician may diagnose a patient as having pneumonia, but in reality the patient has staph. A mistake can have serious consequences, including death.

According to medical malpractice insurance companies the diagnosis-related malpractice claims make up for between 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. Medical malpractice claims data are not comprehensive and could be biased towards more serious errors. Most claims are shut down or not paid and many erroneous mistakes will never lead to the filing of a malpractice lawsuit.

In order to be successful in bringing a medical malpractice claim, the plaintiff must prove that the doctor did not follow the standard of care in diagnosing the condition. A plaintiff's attorney must also demonstrate that the doctor's error resulted in injury.

The process of litigation in medical malpractice cases can be expensive, time-consuming and emotionally charged. Even though the majority medical malpractice claims are settled out of court lawyers and expert witnesses are required to invest time and money on negotiations, discovery, and trial preparation. In addition, doctors are often required to pay for their malpractice insurance premiums while the claims process is in progress. These expenses have led to calls for reforms to tort law which would lower the cost of litigation and promote faster and more fair settlements.

Errors of Treatment

You can expect that when visit a doctor or hospital for treatment, the care you receive will be in line with the standard of practice in your community. This includes a clear diagnosis, a reasonable treatment plan and the proper follow-up to ensure that your health improves. But mistakes made by doctors, nurses and other medical professionals can be serious and result in permanent injuries or medical Malpractice Lawyer death.

These errors can take many forms. A hospital employee could misread the patient's chart and then administer the wrong medication. This type of error is common in emergency rooms where staff members are under pressure and time is limited. This can also happen if an ER doctor is treating a condition that is outside of his or her area of expertise.

Other types of mistakes include prescribing the wrong medication or giving patients the wrong dosage that causes injury. These mistakes can be committed by nurse practitioners, doctors or pharmacists, physician assistants, and optometrists. These mistakes can also be a result of failing to recommend or prescribe the follow-up treatment to rectify the error.

Errors in the prescription process can cause an array of serious injuries. Taken by heart patients, blood thinners can cause a serious bleeding disorder. It could also cause a stroke. If you have suffered an injury or lost a loved one to a medical error it is essential to speak with a seasoned New York medical malpractice lawyer to determine whether you can pursue compensation.

Negligence

If medical professionals or doctors do not adhere to accepted standards of care, they could be liable for carelessness. This can occur in many different settings, like hospitals, doctors' office, therapy clinics and nursing homes. If a physician violates those guidelines and the patient suffers permanent harm, they may be required to pay compensation for that injury.

To win a malpractice case, the injured party must show that the physician's breach of professional obligations caused the injury. Causation is a legal requirement that is essential. The breach must be directly responsible for the injury and the damages that was caused must be quantifiable, such as medical or lost wages.

In the event of medical malpractice, a plaintiff's lawyer must convince jurors that it is more likely than not that a doctor's actions or inactions led to the damages sought. This can be challenging because people's memory isn't always clear or they are dependent on the arguments of the opposing side.

It is also crucial that the lawyer has a strong knowledge of the medical malpractice lawsuit profession and how it operates. This understanding can help prove that the breach of professional duty was the main cause of the patient's injuries. Medical malpractice cases are filed in federal or state courts, and usually involve expert witnesses who can describe how the standard of care was breached.

Punitive Damages

We believe that medical professionals will treat us with skill, care and professionalism. A mistake can lead to serious injuries, or even death. If the errors cause wrongful death, the victims and their families may be entitled to compensation for the damages they've suffered.

In wrongful death cases hospitals, doctors, nurses as well as pharmacists, physical therapists and doctors, as well as diagnostic imaging technicians and manufacturers of medical equipment are liable for suing. Since multiple parties could be responsible it's usually recommended for victims to claim against them all in conjunction with their New York medical malpractice lawyers to determine which persons or companies should be sued.

Punitive damages aim to punish the defendant for their actions and deter them from repeating the same behavior in the future. Unlike compensatory damages, which are designed to address specific damages, punitive damages can be applied to an entire group of people, and they are typically reserved for those who have committed serious misconduct.

In a case of medical malpractice the primary category of damages is the reimbursement for financial losses. This includes medical expenses and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your loss by providing an expert opinion on what constitutes a breach of the standards of care in your particular area and specialization. This is an important step as without this evidence, your claim could be dismissed at the preliminary hearing level.