Medical Malpractice Attorneys

Medical professionals must adhere to the requirements of a certain standard of treatment for their patients. If a medical professional does not adhere to the standard of care, and this failure results in injuries or complications to the patient, it may be cause for a claim for negligence.

A successful malpractice lawsuit may help pay for medical costs or reimburse lost wages and acknowledge discomfort and pain. Medical malpractice claims aren't always straightforward.

The wrong diagnosis

Medical malpractice claims involving misdiagnosis are common. This type of case typically involves a health care provider not correctly diagnosing a patient with an injury or illness. A physician may identify a patient as having pneumonia, but in reality the patient is suffering from staph. A mistake can have serious consequences, such as death.

According to medical malpractice insurance companies, claims related to diagnosis comprise between 9 and 9 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. Medical malpractice claims data are limited and may be biased towards more severe errors. Most claims are dismissed or lapsed without payment and a lot of good mistakes won't result in the filing of a malpractice lawsuit.

A plaintiff must demonstrate the court, in order to win a lawsuit for medical negligence that the doctor did not follow the standard of care when diagnosing the condition. The lawyer representing the plaintiff must demonstrate that the doctor's error directly caused an actual injury.

The litigation process in medical malpractice lawsuits can be time-consuming, expensive and emotionally demanding. Although the majority of medical malpractice cases settle without trial, the attorneys representing both parties as well as experts have to devote time and resources on discovery, negotiation, and trial preparation. In addition, physicians are often forced to pay for their malpractice insurance premiums as the claims process proceeds. These costs have prompted some to call for tort reform, which could reduce the amount and speed up settlements.

Treatment Errors

You can expect that when visit a doctor or hospital for treatment, the medical treatment you receive will be in line with the standard of practice in your locality. This includes a proper diagnosis, a reasonable course of treatment and adequate monitoring to ensure that your health improves. But mistakes made by doctors, nurses and other medical professionals can be very serious and result in permanent injuries or even death.

These errors may take many forms. A hospital employee could misread the patient's chart and prescribe the wrong medication. This kind of error is common in emergency rooms where staff are under pressure and their time is limited. It can also happen if a doctor treats a condition that is not within his or her expertise.

Other types of errors can include prescribing wrong medications or prescribing patients with the wrong dosage that could result in injury. These mistakes can be made by doctors, nurse practitioners and pharmacists, physician assistants and optometrists. They can also involve the failure to prescribe or recommend follow-up treatment needed to treat the problem.

Medication errors can lead to an array of serious injuries. When a heart patient is taking a medication, the use of a blood thinner can lead to a serious bleeding disorder. It could also cause a stroke. If you've suffered an injury or lost someone you love due to a medical error it is vital to consult with an experienced New York medical malpractice lawyer to determine whether you can pursue compensation.

Negligence

When doctors or medical professionals fail to follow accepted standards of care, they could be liable for negligence. This can happen in various settings, including hospitals, doctor's office, therapy clinics and nursing homes. If a physician violates those guidelines and the patient suffers lasting harm it could be a requirement to pay compensation for that injury.

To prevail in a malpractice case the plaintiff must show that the physician's negligence in performing his professional duties led to his or her injuries. Causation is a legal norm that is essential. The breach has to be directly responsible for the injury. The damage that occurred must be quantifiable. For instance, medical or lost wages.

In cases involving medical malpractice the attorney representing the plaintiff must also convince jurors that it is more probable than not that the doctor's actions or inaction caused the damages claimed. This is a challenging task because people aren't always in a clear mind or are influenced by what they think that the opposing side will say.

It is essential that the lawyer also is aware of how the medical profession operates. This knowledge will help show that the breach of professional duty was a direct cause of the patient's injuries. Medical malpractice cases can be filed in state or Federal courts, and usually involve expert witness who can provide the standard of care that was breached.

Punitive Damages

We are often under the impression that medical professionals will provide us with the best care and professionalism. But mistakes can be serious, leading to lifelong injuries or even death. If the errors result in a wrongful death, victims and their family members may be entitled to compensation for the loss they've suffered.

In wrongful death cases hospitals, doctors, nurses, physical therapists and pharmacists and diagnostic imaging technicians, as well as manufacturers of medical equipment can be sued. It is important to pursue everyone involved since multiple parties may be responsible. Victims must consult with their New York medical negligence lawyers to determine which people or firms are accountable.

Punitive damages aim to punish the defendant for their actions and deter them from repeating the same behavior in the future. In contrast to compensatory damages, which are designed to address specific harms however, punitive damages can be applied to a broad category of people, but they are usually reserved for the most serious of violations.

The first category of damages in medical malpractice lawsuits is the reimbursement for actual financial losses. This includes the cost of medical treatment and lost wages. Your New York medical negligence lawyer can assist you in determining the amount of your damages by providing expert testimony on what constitutes a violation of standard of care in the particular specific location and area of the. This is a crucial step because without this evidence, your claim could be dismissed at the preliminary hearing level.