Medical Malpractice Attorneys

Medical professionals must meet a certain standard of care when treating their patients. If a health care provider is not able to meet the standard of care, and this negligence causes injuries or complications for the patient, it could be grounds for a lawsuit for malpractice.

A successful malpractice suit could aid in the payment of medical expenses and also reimburse lost wages and acknowledge pain and discomfort. Medical malpractice claims can be complicated.

The wrong diagnosis

The misdiagnosis of a patient is among the most frequent medical malpractice claims. This kind of claim is typically brought by a health care doctor who fails to correctly diagnose the patient's condition or injury. For example, a physician might diagnose a patient with pneumonia when in reality the patient is suffering from staph. A mistake could result in serious consequences for the patient, including death.

According to medical malpractice insurance companies, claims related to diagnosis comprise between 9 percent and 91 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 serious mistakes. Furthermore, claims often lapse or are dismissed without payment and a large number of errors that are meritorious will never result in a malpractice lawsuit.

To successfully bring an action for medical malpractice, a plaintiff must prove that the doctor did not follow the standard of care in diagnosing the condition. A lawyer for the plaintiff must establish that the error of the doctor caused an injury.

The process of litigation in medical malpractice cases can be expensive time-consuming, emotionally charged and lengthy. Even though the majority medical malpractice claims are settled out of court attorneys and expert witnesses need to spend time and money on negotiations, discovery and trial preparation. Doctors are also often required to pay for their malpractice insurance when the claims process unfolds. These costs have led some to call for tort reform which will lower the cost and encourage quicker settlements.

Treatment Errors

You can expect that when visit a doctor or hospital for treatment, the medical treatment you receive will be in accordance with the standard of practice in your community. This includes a proper diagnosis and a suitable treatment plan and appropriate follow-up to ensure your health improves. However, errors made by doctors, nurses and other medical personnel can be serious and cause permanent injuries or death.

These errors can take many forms. For example hospital staff members may misread a patient's medical chart and prescribe the wrong medication. This kind of error is usually seen in emergency rooms where staff members are under pressure and time is limited. This is also the case when an ER doctor is treating a condition that is not within his or her area of expertise.

Other types of mistakes include prescribing the wrong medication or giving patients an improper dosage that causes injury. These mistakes can be committed by nurse practitioners, doctors or pharmacists, physician assistants, and optometrists. They could also result in the failure to prescribe or recommend follow-up care that is necessary to treat the error.

Medication mistakes can cause numerous serious injuries. For instance, consuming a blood thinner that is specifically designed for patients with heart problems could cause a bleeding disorder or cause the patient to suffer a stroke. If you or someone you love has been injured by a medical mistake it is recommended that you consult an experienced New York medical negligence lawyer to determine whether you can claim compensation.

Negligence

Negligence could be the result of doctors or medical professionals not adhering to accepted standards. This can occur in many different settings, such as hospitals, doctor's office, therapy clinics, and nursing homes. If a physician fails to meet those standards and a patient is harmed for a long time, they may be required to compensate the victim for that injury.

In order to prevail in a claim for malpractice the plaintiff has to prove that the physician's breach in professional obligations caused his or her injuries. Causation is a legal requirement that is essential. The breach has to be directly responsible for the injury. The damage that occurred must be quantifiable, for example, medical expenses or lost wages.

In the event 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 contributed to the damages sought. This can be a challenge because people's memories are not always clear or they are affected by the arguments of the other side.

It is important that the lawyer has a good understanding of how the medical profession functions. This knowledge can be used to prove that the breach of professional duties caused the patient's injury. Medical malpractice cases can be filed in federal or state courts, and usually involve expert witness who can describe the standard of care that was violated.

Punitive Damages

We believe that medical professionals will provide us with the best care and professionalism. Serious errors can lead to serious injuries, or even death. If these errors lead to an unjust death, the victims and their families may be entitled to compensation for the damages they've suffered.

The wrongful death case can involve claims against doctors, hospitals nurses, physical therapists pharmacists as well as diagnostic imaging technicians and even the manufacturers of medical equipment. Because several parties could be involved it's usually recommended for victims to file claims against them all in conjunction with their New York medical malpractice lawyers to determine which people or companies need to be sued.

Punitive damages aim to punish the defendant for their actions and deter them from repeating the same behavior in the future. Contrary to compensatory damages which are intended to address specific harms the punitive damages may be applied to an entire class of people and they are typically reserved for extreme misconduct.

The primary type of damages in the case of medical malpractice is the reimbursement for actual financial losses, such as the cost of medical treatment and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by presenting expert testimony regarding what constitutes a breach of the standard of care within the area of your case and in the field of specialization. This is a crucial procedure, since without the evidence to support your claim, it may be dismissed during the preliminary hearing.