Medical Malpractice Attorneys

Medical professionals must comply with a certain standard of care for their patients. If a healthcare provider does not adhere to this standard and results in injuries or complications for the patient, there could be grounds for a malpractice lawsuit.

A successful malpractice case could assist in paying medical costs and also reimburse lost wages as well as acknowledge pain and discomfort. However, medical malpractice lawsuits are usually complicated.

Undiagnosed

Misdiagnosis is one of the most frequent medical malpractice law firm malpractice claims. This type of case typically involves a medical professional wrongly diagnosing a patient suffering from an injury or illness. A doctor may diagnose a patient as having pneumonia, but in reality the patient has staph. A mistake in diagnosis can have grave consequences, such as death.

According to medical malpractice insurers medical malpractice insurers, diagnosis-related malpractice claims account for between 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. Medical malpractice claims are comparatively small and could be biased towards more severe errors. In addition, claims frequently expire or are closed without being paid and a lot of meritorious mistakes will never result in a malpractice lawsuit.

In order to be successful in bringing a medical malpractice claim the plaintiff must show that the doctor acted in violation of the standard of care in diagnosing the condition. A lawyer representing the plaintiff must demonstrate that the doctor's error caused injury.

The process of bringing a medical malpractice lawsuit can be lengthy, costly and emotionally intense. Even though the majority medical malpractice claims are settled out of court, attorneys and expert witnesses need to spend time and money on discovery, negotiations, and trial preparation. Physicians are also often required to pay their malpractice costs while the claims process progresses. These costs have prompted calls for reforms to tort law which could reduce the cost of litigation and promote quicker and more fair settlements.

Errors in Treatment

You should expect that when you visit a doctor or hospital for treatment, the medical attention you receive will be in line with the standard of care in your area. This includes a clear diagnosis, a reasonable treatment plan and the proper follow-up to ensure that your health improves. However, mistakes by nurses, doctors and other medical professionals can be extremely serious and cause permanent injuries or even death.

These mistakes can take a variety of forms. A hospital employee could misread the patient's chart and give the wrong medication. This type of error usually occurs in emergency rooms, where the time available is limited and staff members are pressured to deliver fast service. It can also happen if a doctor treats a condition that is outside of his or her expertise.

Other types of mistakes include prescribing the wrong medication or giving patients a wrong dosage that causes injuries. These mistakes can be made by doctors, pharmacists, nurse practitioners, physician's assistants, and optometrists. They can also result in an inability to prescribe or recommend follow-up care that is required to correct the problem.

Medication mistakes can cause various serious injuries. When a heart patient is taking a medication, the use of a blood thinner can lead to bleeding disorders that are dangerous. It may also trigger stroke. If you have suffered an injury or lost your loved ones due to a medical mistake it is vital to speak with a seasoned New York medical malpractice lawyer to determine if you're eligible to pursue compensation.

Negligence

Negligence could be the result of doctors or medical professionals who do not adhere to accepted standards. This can occur in a variety of settings, including hospitals, doctor's office, therapy clinics, and nursing homes. If a physician fails to meet those standards and the patient suffers permanent harm it could be a requirement to pay compensation for that harm.

To prevail in a malpractice lawsuit, the injured party must show that the physician's breach of professional obligations caused the injury. Causation is a legal standard that is crucial. The breach has to be a direct cause of the injury and the damage that occurred must be quantifiable, for example, medical expenses or lost wages.

In the case of medical malpractice, the plaintiff's attorney must also convince jurors that it is more likely than not that the physician's decision or inaction resulted in the damages sought. This can be a challenge since people's memories may not be always clear, or they are in the hands of the other side.

It is crucial that the lawyer has a thorough understanding of how the medical profession functions. This knowledge will help prove that the breach of professional duty was the primary cause of the patient's injuries. Medical malpractice cases can be brought in Federal or State courts, and often require expert witnesses to provide the standard of care that was not met.

Punitive Damages

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

In wrongful death cases, hospitals, doctors and nurses as well as pharmacists and physical therapists and diagnostic imaging technicians, as well as manufacturers of medical equipment can be sued. Since several parties could be involved it's usually recommended for victims to claim against them all, working with their New York medical malpractice lawyers to determine which persons or businesses should be sued.

Punitive damages are designed to punish the offender and deter them from engaging in similar behavior in the future. Unlike compensatory damages, which are designed to address specific damages, punitive damages can be applied to a broad class of people, and they are usually reserved for the most serious of violations.

The primary category of damages in a medical malpractice lawsuit is reimbursement for actual 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 presenting an expert's opinion on what constitutes a breach of standard of care within the specific area of your case as well as in the specialty. This is an essential step, as without the evidence you require to support your claim it could be dismissed during the preliminary hearing.