Medical Malpractice Attorneys

Medical professionals must comply with an established standard of care for their patients. If a health care provider is not able to meet this standard, and if the failure results in injuries or other complications for the patient, there may be grounds for a malpractice lawsuit.

A successful malpractice suit can help pay for medical expenses or reimburse lost wages. It can also acknowledge pain and suffering. Medical malpractice claims aren't always straightforward.

Undiagnosed

The misdiagnosis of a patient is among the most common medical malpractice claims. This type of claim is typically filed by a healthcare provider who incorrectly diagnoses a patient's illness or injury. A doctor might identify a patient as having pneumonia, when in reality the patient has staph. A mistake could result in serious consequences for the patient, including death.

According to medical malpractice insurance companies, diagnosis-related claims comprise between 9 percent and 91 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. However, medical malpractice claims data isn't extensive and may be biased towards more serious mistakes. The claims are usually closed or lapse without payment and a lot of good mistakes do not result in an action for malpractice.

In order to be successful in bringing an action for medical malpractice, the plaintiff must prove that the doctor acted in violation of the standard of care in diagnosing the condition. The attorney representing the plaintiff must prove that the doctor's mistake caused an injury.

The process of litigation in medical malpractice cases is costly emotional, time-consuming, and stressful. Although the majority malpractice cases are settled in court, attorneys representing both parties as well as experts have to devote time and money in discovery, negotiation, and trial preparation. In addition, physicians are often forced to pay their malpractice insurance premiums while the claims process unfolds. These expenses have prompted some to call for reforms to tort law that will lower the cost and facilitate faster settlements.

Errors in Treatment

When you visit a doctor or hospital to receive treatment, you are expected to receive medical attention that complies with the customary practices in your area. This includes accurate diagnosis, a reasonable treatment plan, and the proper follow-up to ensure your health improves. However, mistakes made by doctors, nurses and other medical professionals can be very serious and cause permanent injuries or death.

These mistakes can come in a variety forms. A hospital staff member could misread the patient's chart and prescribe the wrong medication. This type of error is usually seen in emergency rooms, where staff are under pressure and time is limited. This could also happen when a doctor treats a condition which is outside his or her expertise.

Other types of errors comprise prescribing the wrong medication or giving patients an incorrect dosage that causes injury. These mistakes can be committed by nurse practitioners, doctors or pharmacists, physician assistants, and optometrists. These errors may also include the failure to suggest or prescribe the appropriate follow-up procedure to rectify the error.

Mistakes in medication can cause many serious injuries. For instance, taking a blood thinner that is specifically designed for heart patients could cause a bleeding disorder or cause the patient to experience stroke. If you've suffered an injury or lost a loved one to a medical error it is vital to consult with a skilled New York medical malpractice lawyer to determine if you can pursue compensation.

Negligence

Negligence may be the result of doctors or medical malpractice law firms professionals not following accepted standards. This could happen in a variety settings, including hospitals, doctor's offices, therapy clinics, and nursing homes. If a doctor fails to adhere to these guidelines and the patient suffers permanent harm they may be required to compensate for this harm.

To win a malpractice claim the party who was injured has to establish that the doctor's failure in professional duties led to the injuries. This is known as causation and is a vital part of the legal requirement. The breach must be a direct cause for the injury, and the damage must be quantifiable.

In cases involving medical malpractice the attorney representing the plaintiff must also convince jurors that it is more likely than not that the physician's action or inaction led to the damages alleged. This can be a difficult task as people are not always in a clear mind or are affected by the opinions that the opposing side will argue.

It is also crucial that the lawyer has a deep understanding of the medical profession and the way it functions. This knowledge will help demonstrate that the breach of professional duty was the main cause of the patient's injuries. Medical malpractice cases are filed in state or federal courts, and typically include expert witnesses who explain how the standard of care was breached.

Punitive Damages

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

In cases of wrongful death hospitals, doctors, nurses as well as pharmacists and physical therapists as well as diagnostic imaging technicians and manufacturers of medical malpractice lawsuits equipment, are all liable to be sued. Since multiple parties could be at fault in a case, it's generally recommended for victims to claim against all of them while working with their New York medical malpractice lawyers to determine which persons or companies should be sued.

Punitive damages are intended to penalize the defendant and deter them from engaging in similar conduct in the future. In contrast to compensatory damages, which are intended to address specific harms however, punitive damages can be applied to a broad group of people, and they are typically reserved for extreme misconduct.

The first type of damages in the medical malpractice lawsuit is reimbursement for actual financial losses. This includes medical costs and lost wages. Your New York medical negligence lawyer can assist you in determining the amount of your damages by presenting an expert opinion on what constitutes a breach of normal care for the case's location and specialty. This is an important step because without this evidence, your claim may be dismissed at the preliminary hearing.