Medical Malpractice Attorneys

Medical professionals must adhere to a certain standard of care for their patients. If a medical professional does not adhere to this standard and results in injuries or complications for the patient, there may be grounds for a malpractice claim.

A successful malpractice case could aid in the payment of medical expenses as well as pay back lost wages and acknowledge discomfort and pain. However, medical malpractice lawsuits are often complex.

Undiagnosed

Misdiagnosis is among the most frequent medical malpractice claims. This type of case is typically brought by a health care doctor who fails to correctly diagnose an injury or illness in a patient. A doctor may identify a patient with pneumonia, when in reality the patient is suffering from staph. A mistake in diagnosis could have serious consequences for the patient including death.

According to medical malpractice insurers medical malpractice insurers, diagnosis-related malpractice claims account for between 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. Medical malpractice claims data are limited and could be biased towards more serious mistakes. The claims are usually dismissed or lapsed without payment and many good errors will never lead to a malpractice suit.

A plaintiff must prove that, in order to be successful in a claim for medical malpractice that the doctor didn't follow the standard of care when diagnosing the condition. The lawyer representing the plaintiff must show that the doctor's mistake directly triggered an injury.

The process of litigation in medical malpractice cases is costly emotional, time-consuming, and stressful. Even though the majority medical malpractice claims are settled out of court, attorneys and expert witnesses must invest time and money in discovery, negotiations, and trial preparation. Doctors are also often required to pay their malpractice costs while the claims process unfolds. These costs have prompted demands for reforms in tort law which could reduce the costs of litigation and encourage faster and more fair settlements.

Errors of Treatment

When you visit a physician or hospital for treatment, the medical care you receive will be in line with the standards of practice in your community. This includes proper diagnosis and a suitable treatment plan, and the proper monitoring to ensure that your health improves. But mistakes made by doctors, nurses and other medical personnel could be fatal and cause permanent injuries or death.

These errors may take many forms. For example, a hospital staff member could misread the patient's chart and administer the incorrect medication. This type of error is common in emergency rooms where staff members are under pressure and their time is a problem. It can also happen if the doctor treats a problem that is outside of their expertise.

Other types of errors comprise prescribing the wrong medication or giving patients an incorrect dosage that results in injuries. These mistakes can be committed by doctors, nurse practitioners and pharmacists, physician assistants and optometrists. These errors could also result in failing to recommend or prescribe the follow-up procedure to rectify the error.

Errors in the prescription process can cause various serious injuries. Heart patients who are taking a blood thinner can trigger bleeding disorders that are dangerous. It could also cause stroke. If you or someone you love has been injured due to a medical mistake it is recommended that you consult an experienced New York medical negligence lawyer to determine if you are eligible to pursue compensation.

Negligence

When medical professionals or doctors fail to follow accepted standards of care, they could be guilty of negligence. This can happen in many places, such as hospitals, doctor's offices, therapy clinics and nursing homes. If a doctor does not adhere to these guidelines and a patient is permanently hurt, they could be required to pay for the damage.

To win a malpractice case the party who was injured must prove that the physician's breach of professional duties caused the injury. This is called causation and is a vital element of the legal standard. The breach must be a direct cause for the injury, and the damages must be quantifiable.

In the case of medical malpractice, the plaintiff's attorney must also convince the jury that it is more probable than not that the physician's action or inaction led to the damages sought. This is a challenging task as people are not always in the clear or are affected by the opinions that the other side will say.

It is crucial that the lawyer has a good understanding of how the medical profession operates. This knowledge can help to demonstrate that the breach of professional duty was the primary cause of the patient's injuries. Medical malpractice cases are filed in state or federal courts and often require expert witnesses to provide evidence of how the standard medical care was not met.

Punitive Damages

We take for granted that we can trust medical professionals to treat us with expertise and care. But serious errors can occur which can lead to permanent injuries or even death. If the errors cause a wrongful demise, the family members of the victims could be entitled compensation for the losses that they have suffered.

In the case of wrongful deaths hospitals, doctors and nurses as well as pharmacists, physical therapists and doctors and diagnostic imaging technicians and manufacturers of medical equipment are liable for suing. Since multiple parties could be responsible it's usually recommended for victims to make claims against them all and work with their New York medical malpractice lawyers to identify which individuals or businesses need to be sued.

Punitive damages are designed to punish the defendant for their actions and deter them from repeating the same behavior in the future. As opposed to compensatory damages that are designed to target specific harms however, punitive damages can be imposed on a large group of people, and they are typically reserved for cases of extreme misconduct.

The primary type of damages in the medical malpractice lawsuit is the reimbursement of actual financial losses, including expenses for medical care and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by providing an expert opinion on what constitutes a breach of standard of care in the specific area of your case as well as in the specialty. This is a crucial step because without this evidence, your claim may be denied at the preliminary hearing level.