Medical Malpractice Attorneys

Medical professionals must comply with the highest standards of care when treating their patients. If a healthcare provider fails to adhere to this standard, and if the failure causes injuries or complications for the patient, there could be grounds for a malpractice claim.

A successful malpractice case could help pay for medical costs as well as pay back lost wages as well as acknowledge pain and discomfort. However, medical malpractice lawsuits are usually complicated.

Incorrect diagnosis

Misdiagnosis is one of the most common medical malpractice claims. This kind of claim is typically filed by a healthcare provider who incorrectly diagnoses an injury or illness in a patient. A physician might diagnose a patient as having pneumonia when the patient is suffering from staph. A misdiagnosis could have serious consequences, including death.

According to medical malpractice insurance companies, diagnosis-related claims comprise between 9 and 9 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. Medical malpractice claims data are not comprehensive and may be biased towards more severe errors. Claimants are typically closed or abandoned without payment and many good errors do not result in an action for malpractice.

To be able to successfully file a medical malpractice claim the plaintiff must show that the doctor violated the standard of care when diagnosing the condition. The lawyer representing the plaintiff needs to demonstrate that the doctor's error directly led to an injury.

The process of bringing the case of medical malpractice can be lengthy, costly and emotionally charged. While the majority of medical malpractice claims are settled outside of court, attorneys and expert witnesses have to invest time and money in negotiations, discovery and trial preparation. Doctors are also often required to pay for their malpractice insurance while the claims process progresses. This has led to calls for reforms to tort law that would cut down on the cost of litigation and help to encourage quicker and more fair settlements.

Errors in Treatment

If you visit a doctor or hospital to receive treatment, you are expected to receive medical care that is in accordance with the standard practices in your community. This includes a clear diagnosis and a sensible treatment plan and proper follow-up to ensure that your health improves. However, mistakes by doctors, nurses and other medical professionals can be serious and cause permanent injuries or even death.

These errors can take many forms. A hospital employee could mistakenly read the patient's chart and prescribe the wrong medication. This type of mistake typically occurs in emergency rooms, where there is a short time frame and staff members are under pressure to deliver fast service. It can also happen when a physician treats an illness that is not within the scope of expertise.

Other kinds of errors could include prescribing incorrect medications or prescribing patients with the wrong dosage, which can result in injury. These errors can be committed by doctors, pharmacists, nurse practitioners, physician's assistants and optometrists. These mistakes can also be a result of the failure to suggest or prescribe the follow-up procedure to rectify the error.

Medication errors can lead to many serious injuries. For heart patients, a blood thinner could cause a dangerous bleeding disorder. It could also cause stroke. If you have suffered an injury or lost a loved one to a medical error It is imperative to consult with an experienced New York medical malpractice lawyer to determine if you can seek compensation.

Negligence

When medical professionals or doctors fail to follow accepted standards of care, they may be liable for carelessness. This can occur in many different settings, like hospitals, doctors' office, therapy clinics, and nursing homes. If a doctor does not adhere to these guidelines and a patient suffers permanent harm the doctor could be liable to compensate for the harm.

In order to win a malpractice case the plaintiff has to demonstrate that the physician's lapse in professional duties led to the injury. This is known as causation, and is an essential part of the legal requirement. The breach must be a direct cause of the injury, and the damage must be quantifiable.

In cases of medical malpractice the lawyer representing the plaintiff must also convince the juror that it is more likely than not that a physician's actions or inactions led to the damages sought. This can be difficult because people's memories are not always crystal clear or are affected by the arguments of the other side.

It is important that the lawyer has a thorough understanding of how the medical field operates. This knowledge can be used to prove that the breach in professional duty caused the patient's injury. Medical malpractice cases are filed in state or federal courts. They often have expert witnesses who explain how the standard of medical care was not met.

Punitive Damages

We believe that medical professionals will provide us with the best care and professionalism. However, serious mistakes can happen that can cause life-long injuries or even death. If these errors lead to a wrongful demise, the victims and their families could be entitled to compensation for injuries they've suffered.

The wrongful death case can involve claims against hospitals, doctors nurses, physical therapists, pharmacists, diagnostic imaging technicians, and even medical equipment. Because many parties could be accountable, it's often advisable for victims to file claims against all of them in conjunction with their New York medical malpractice lawyers to identify which individuals or companies should be sued.

Punitive damages are designed to punish the defendant and deter them from engaging in similar behavior in the future. Punitive damages don't have to be restricted to specific harms. They can be applied to a broad class of people and are reserved for extreme violations.

In a case of medical malpractice the first class of damages is compensation for medical malpractice lawyers financial losses. This includes medical costs and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by providing expert testimony on what constitutes a breach of standard of care in your case's locality and specialty. This is an essential step, as without the evidence you require to support your claim it could be dismissed in the initial hearing.