Medical Malpractice Attorneys

Medical professionals must adhere to an exacting standard of care for their patients. If a health care provider does not adhere to this standard and causes injury or complications for the patient, there could be grounds for a malpractice claim.

A successful malpractice lawsuit can assist in paying medical costs, reimburse lost wages, as well as acknowledge pain and discomfort. Medical malpractice claims can be a bit complicated.

Incorrect diagnosis

The misdiagnosis of a patient is among the most frequent medical malpractice claims. This type of claim usually involves a medical malpractice law firms professional mistakenly diagnosing a patient who has an illness or injury. For instance, a physician might diagnose a patient with pneumonia when in reality the patient has staph infection. A misdiagnosis could cause serious consequences for the patient including death.

According to medical malpractice insurers, diagnosis-related malpractice claims account for 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. However the data on medical malpractice claims is not comprehensive and could be biased toward more severe mistakes. Claims are often closed or lapse without payment and many good errors are not likely to result in the filing of a malpractice lawsuit.

To successfully bring a medical malpractice claim, a plaintiff must prove that the doctor acted in violation of the standard of care in diagnosing the condition. A lawyer for the plaintiff must demonstrate that the doctor's error resulted in injury.

The litigation process of a medical malpractice case is costly emotional, time-consuming, and stressful. While the majority of medical malpractice claims are settled outside of court attorneys and expert witnesses need to invest time and money on negotiations, discovery, and trial preparation. Additionally, doctors are often forced to pay for their malpractice insurance premiums while the claims process is in progress. These expenses have led some to advocate for tort reform which will reduce the cost and facilitate faster settlements.

Errors in Treatment

When you visit a physician or hospital for treatment, the medical care you receive will be in line to the standard of care in your community. This includes a proper diagnosis, a reasonable treatment plan, and the proper follow-up to ensure your health improves. However, mistakes made by doctors, nurses or other medical personnel can be serious and lead to permanent injuries or even death.

These mistakes can come in a variety forms. A hospital employee could miss-read the patient's chart and administer the incorrect medication. This type of error is usually seen in emergency rooms where staff are under pressure and time is a problem. It could also occur when a doctor treats an illness that is not within his or her area of expertise.

Other types of errors can include prescribing wrong medications or prescribing patients with the wrong dosage which could cause injury. These errors can be committed by pharmacists, doctors nurse practitioners, physician's assistants and optometrists. They can also result in the failure to prescribe or recommend follow-up care that is necessary to treat the error.

Medication mistakes can cause a variety of serious injuries. For example, taking an anticoagulant that is specifically designed for patients with heart problems could cause a bleeding disorder or cause the patient to suffer a stroke. If you have suffered an injury or lost your loved ones due to a medical mistake, it is crucial to consult with an experienced New York medical malpractice lawyer to determine whether you can seek compensation.

Negligence

Negligence may be the result of doctors or medical professionals failing to follow accepted standards. This can happen in many different settings, like hospitals, doctors' office, therapy clinics and nursing homes. If a doctor fails to adhere to these guidelines and the patient is harmed for a long time, they may be required to pay compensation for that injury.

In order to win a malpractice case the party who was injured has to demonstrate that the physician's lapse in professional duties led to the injury. Causation is a legal norm that is crucial. The breach must be a direct cause of the injury and the damage that occurred must be quantifiable, for example, lost wages or medical expenses.

In cases involving medical malpractice attorneys representing the plaintiff must convince the jury that it is more likely than not that the doctor's decision or inaction resulted in the damages sought. This can be a challenge because people's memories aren't always clear or they are dependent on the arguments of the opposing side.

It is also crucial that the lawyer has a solid understanding of the medical profession and how it functions. This knowledge can be used to show that the breach in professional duty led to the patient's injury. Medical malpractice cases can be filed in state or Federal courts, and they often involve expert witness who can describe the standard of care that was violated.

Punitive Damages

We are often under the impression 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. When those errors lead to wrongful death, victims and their loved ones may be entitled to compensation for the loss they've suffered.

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

Punitive damages aim at punishing the defendant for their actions and discourage them from repeating the same behavior in the future. As opposed to compensatory damages that are designed to address specific damages, punitive damages can be applied to an entire group of people, and they are usually reserved for extreme misconduct.

In a medical malpractice case the first class of damages is the reimbursement for 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 expert testimony on what constitutes a breach of standards of care in the area of your case and in the field of specialization. This is an essential step, as without the evidence you need to prove your claim, it may be dismissed during the preliminary hearing.