Medical Malpractice Attorneys

Medical professionals must follow a standard of care when caring for their patients. If a medical professional is not able to meet this standard and this negligence causes injuries or complications for the patient, it could be a cause for a claim for malpractice.

A successful malpractice suit could assist in paying medical costs and also reimburse lost wages and acknowledge discomfort and pain. Medical malpractice lawsuits can be a bit complicated.

Incorrect diagnosis

Misdiagnosis is among the most frequently filed medical malpractice claims. This kind of claim is typically filed by a healthcare practitioner who incorrectly diagnoses the patient's condition or injury. For instance, a physician might diagnose a patient with pneumonia when the patient actually has a staph infection. A mistake in diagnosis could have serious consequences for the patient including death.

According to medical malpractice insurance companies, diagnosis-related claims make up between 9 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. Medical malpractice claims data are not comprehensive and could be biased towards more severe errors. Furthermore, claims often lapse or are closed without payment, and many meritorious errors won't result in a malpractice lawsuit.

A plaintiff must demonstrate, in order to win a claim for medical malpractice that the doctor did not adhere to the standard of care when diagnosing the condition. The lawyer representing the plaintiff needs to show that the doctor's mistake directly led to an injury.

The process of bringing medical malpractice lawsuits is time-consuming, costly and emotionally intense. Although a majority of medical malpractice cases are settled out of court, attorneys representing both parties as well as experts must devote time and resources on negotiation, discovery, and trial preparation. Additionally, doctors are often required to pay the malpractice insurance premiums as the claims process progresses. These costs have led some to advocate for tort reform, which will reduce the cost and facilitate faster settlements.

Errors in Treatment

When you visit a doctor or hospital for treatment, you expect to receive medical attention that conforms to the accepted standards of practice within your community. This includes accurate diagnosis and treatment, a reasonable course of treatment and adequate follow-up to ensure your health improves. However, mistakes by doctors, nurses and other medical staff can be extremely serious and cause permanent injuries or even death.

These errors can take many forms. A hospital employee could mistakenly read the chart of a patient 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. It can also happen when a physician is treating an issue that is outside of the scope of expertise.

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

A mistake in the dosage of a medication can result in a variety of serious injuries. For heart patients, a blood thinner can trigger an extremely dangerous bleeding disorder. It could also cause stroke. If you've suffered an injury or lost your loved ones due to a medical error it is vital to consult a knowledgeable New York medical malpractice lawyer to determine whether you can seek compensation.

Negligence

Negligence could be the result of medical professionals not following accepted standards. This can happen in a variety of settings including hospitals, doctor's office, therapy clinics, and nursing homes. If a doctor fails to adhere to these guidelines and a patient is permanently hurt they may be required to compensate for the harm.

In order to win a malpractice case the plaintiff has to prove that the physician's breach in professional duties led to the injuries. Causation is a legal norm that is essential. The breach must have been a direct cause of the injury, and the damage that was caused must be quantifiable. For instance, medical or lost wages.

In cases involving medical malpractice lawyers representing the plaintiff have to also convince jurors that it is more likely than not that the doctor's actions or inactions led to the damages demanded. This can be a difficult task because people aren't always in a clear mind or are in awe of what they believe that the other side is going to argue.

It is also important that the lawyer has a strong understanding of the medical profession and how it operates. This knowledge can be used to show that the breach in professional duty caused the patient's injury. Medical malpractice cases can be filed in state or Federal courts, and often require expert witnesses to describe the standard of care that was violated.

Punitive Damages

We often assume that medical professionals will treat us with skill, care and professionalism. However, mistakes of a serious nature can occur, leading to lifelong injuries or even death. If these mistakes result in wrongful death, the victims and their families may be entitled compensation for the injuries they've suffered.

These cases could involve claims against hospitals, doctors, nurses, physical therapists, pharmacists as well as diagnostic imaging technicians and even the manufacturers of medical equipment. It is important to pursue everyone involved since many parties could be at fault. Victims must consult with their New York medical negligence lawyers to determine who or which firms are accountable.

Punitive damages are intended to penalize the defendant and deter them from repeating similar actions in the future. Unlike compensatory damages, which are designed to target specific damages however, punitive damages can be imposed on a large category of people, but they are usually reserved for the most serious of violations.

In a medical malpractice case the primary category of damages is the reimbursement for financial losses. This includes medical expenses and lost wages. Your New York medical negligence lawyer can help you determine the amount of your losses by providing expert testimony on what constitutes a violation of the standard care in the case's location and specialty. This is an important step since without this evidence, your case could be dismissed at the initial hearing level.