Medical Malpractice Attorneys

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

A successful malpractice lawsuit can help pay for medical costs and also reimburse lost wages as well as acknowledge pain and discomfort. However, medical malpractice claims are usually complicated.

Undiagnosed

Misdiagnosis is one of the most frequent medical malpractice claims. This type of claim typically involves a medical professional not correctly diagnosing a patient with an illness or injury. A doctor may identify a patient with pneumonia when in fact the patient has staph. A mistake in diagnosis can have grave consequences, including death.

According to medical malpractice insurance companies that cover diagnosis-related malpractice, claims for this type of malpractice account for 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. However medical malpractice claims data is not comprehensive and could be biased towards more serious errors. Most claims are shut down or not paid and many erroneous mistakes won't result in an action for malpractice.

To successfully bring a medical malpractice claim the plaintiff must demonstrate that the doctor did not follow the standard of care when diagnosing the condition. The lawyer representing the plaintiff must prove that the doctor's error directly led to an injury.

The litigation process in medical malpractice cases is time-consuming, costly and emotionally demanding. Even though the majority medical malpractice cases are settled out of court attorneys and expert witnesses need to invest time and money in discovery, negotiations and trial preparation. In addition, doctors are often forced to pay the malpractice insurance premiums while the claims process is in progress. This has led to demands for reforms in tort law which could reduce the cost of litigation and help to encourage faster and more fair settlements.

Errors in Treatment

If you visit a doctor or hospital for treatment, you're expecting to receive medical treatment that is in accordance with the standard standards of practice within your community. This includes a proper diagnosis and a reasonable treatment plan and proper follow-up to ensure that your health improves. However, errors made by nurses, doctors and other medical malpractice law firm professionals can be very serious and lead to permanent injuries or even death.

These errors can take on a variety of forms. Hospital staff members could miss-read the chart of a patient and prescribe the wrong medication. This type of error is usually seen in emergency rooms where staff are under pressure and their time is a problem. It can also happen if the doctor treats a problem that is not within their expertise.

Other types of mistakes include prescribing the wrong medication or prescribing patients with the wrong dosage that can cause injury. These errors can be committed by pharmacists, doctors nurse practitioners, physician's assistants and optometrists. These errors may also include the failure to recommend or prescribe the required follow-up treatment to fix the mistake.

Errors in the prescription process can cause many serious injuries. For heart patients, the use of a blood thinner can lead to an extremely dangerous bleeding disorder. It could also lead to stroke. If you or someone you love has been injured due to an error in medical malpractice lawsuit care, you should consult an experienced New York medical negligence lawyer to determine whether you can claim compensation.

Negligence

If medical professionals or doctors fail to adhere to accepted standards of care, they may be liable for carelessness. This can happen in many different settings, like hospitals, doctor's office, therapy clinics and nursing homes. If a doctor does not adhere to these standards and the patient suffers permanent harm they may be required to compensate for this harm.

To win a malpractice claim the plaintiff must demonstrate that the physician's lapse in their professional duties led to his or her injuries. This is known as causation and is a crucial aspect of the legal norm. The breach must be the direct cause of the injury, and the damages must be quantifiable.

In cases involving medical malpractice law firm malpractice lawyers representing the plaintiff have to convince the jury that it is more probable than not that the doctor's actions or inaction caused the damages demanded. This can be challenging because people's memories aren't always crystal clear or are dependent on the arguments of the other side.

It is important that the lawyer also is knowledgeable of how the medical profession functions. This understanding can help show that the breach of professional obligation was a primary cause of the patient's injuries. Medical malpractice cases can be filed in Federal or state courts, and often involve expert witness who can provide the standard of care that was breached.

Punitive Damages

We assume that medical professionals will treat us with skill, care and professionalism. Serious errors can lead to serious injuries, or even death. If the errors result in wrongful death, victims and their family members may be entitled to compensation for the loss they've suffered.

In cases of wrongful death, there are claims against doctors, hospitals nurses, physical therapists pharmacists, diagnostic imaging technicians, and even medical equipment. Because many parties could be accountable it's usually recommended for victims to claim against them all in conjunction with their New York medical malpractice lawyers to determine which persons or businesses need to be sued.

Punitive damages are designed to punish the defendant for their actions and discourage them from repeating their actions in the future. Punitive damages are not limited to specific damages. They can be applied to a large category of people, and are reserved for extreme infractions.

The primary category of damages in medical malpractice lawsuits is the reimbursement for actual financial losses. This includes expenses for 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 about what constitutes a violation of the normal care for the case's location and specialization. This is a crucial step because without this evidence, your case could be denied at the preliminary hearing level.