Medical Malpractice Attorneys

Medical professionals must adhere to a standard of care when they care for their patients. If a medical professional is not able to meet this standard, and if the failure causes injury or complications for the patient, there may be grounds for a malpractice claim.

A successful malpractice suit could aid in the payment of medical expenses or reimburse lost wages and acknowledge discomfort and pain. Medical malpractice lawsuits can be complicated.

The wrong diagnosis

The misdiagnosis of a patient is among the most common medical malpractice claims. This type of case typically involves a healthcare provider incorrectly diagnosing a patient with an injury or illness. For instance, a physician may diagnose a patient with pneumonia when the patient in fact has staph infection. A mistake in diagnosis could have serious consequences for the patient including death.

According to medical malpractice insurance companies, diagnosis-related claims represent between 9 and 10 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. However the information on medical malpractice claims is not comprehensive and could be biased toward more severe mistakes. Furthermore, many claims fall through or are closed without being paid and a large number of errors that are meritorious will never result in a malpractice lawsuit.

To succeed in bringing a medical malpractice claim, a plaintiff must prove that the doctor did not follow the standard of care in diagnosing the condition. The lawyer for the plaintiff must show that the doctor's mistake directly triggered an injury.

The process of bringing medical malpractice lawsuits can be long-winded, costly and emotionally high. Even though the majority medical malpractice cases are settled outside of court, attorneys and expert witnesses must invest time and money on discovery, negotiations and trial preparation. Physicians are also often required to pay malpractice insurance as the claims process is unfolding. These expenses have led to calls for tort reform, which would reduce the costs of litigation and encourage quicker and fair settlements.

Errors of Treatment

You expect that when you visit a hospital or doctor to receive treatment, the care you receive will be in line with the standard of care in your locality. This includes a proper diagnosis and a suitable course of treatment, and a proper monitoring to ensure that your health improves. However, mistakes made by nurses, doctors and other medical personnel can be extremely serious and could lead to permanent injuries or even death.

These errors can take many forms. Hospital staff members could mistakenly read the chart of a patient and give the wrong medication. This kind of error usually occurs in emergency rooms, where there is a short time frame and staff members are pressured to provide quick service. It can also happen when a doctor is treating an issue that is outside of his or her area of expertise.

Other types of errors include prescribing wrong medications or prescribing patients with the wrong dosage that could result in injury. These mistakes can be committed by doctors, nurse practitioners and pharmacists, physician assistants and optometrists. They may also be caused by failing to prescribe or recommend follow-up treatment required to correct the error.

Incorrect medication can cause various serious injuries. For instance, consuming an unapproved blood thinner that's specifically designed for heart patients could lead to a dangerous bleeding disorder or cause a patient to suffer stroke. If you or a loved one was injured by an error in medical care it is recommended that you consult an experienced New York medical negligence lawyer to determine if you are eligible to pursue compensation.

Negligence

Negligence could be the result of medical professionals not adhering to accepted standards. This can happen in a variety of settings, like hospitals, doctors' office, therapy clinics and nursing homes. If a doctor violates these guidelines and the patient suffers lasting harm it could be a requirement to compensate the victim for the injury.

In order to win a malpractice claim the party who was injured must prove that the doctor's breach of professional obligations caused his or her injuries. Causation is a legal standard that is crucial. The breach must be the direct cause of the injury, and the damage must be quantifiable.

In the case of medical malpractice an attorney for a plaintiff must convince jurors that it is more likely than not that a doctor's actions or inactions resulted in the damages sought. This can be a difficult task as people are not always clear in their memories or are influenced by what they think that the opposing side will argue.

It is vital that the lawyer is aware of how the medical profession functions. This knowledge can be used to prove that the breach in professional duties led to the patient's injury. Medical malpractice cases can be filed in Federal or state courts. They usually involve expert witness who can explain the standard of care that was not met.

Punitive Damages

We are often under the impression that medical professionals will treat us with skill, care and professionalism. Errors can cause serious injuries, or even death. If those errors result in wrongful death, the family members of the victims could be entitled compensation for the loss they've suffered.

In wrongful death cases hospitals, doctors, nurses as well as pharmacists and physical therapists and diagnostic imaging technicians and manufacturers of medical equipment, can be sued. Since several parties could be involved in a case, it's generally recommended for victims to file claims against all of them in conjunction with their New York medical malpractice lawyers to determine which people or companies should be sued.

Punitive damages aim to punish the defendant for their conduct and discourage them from repeating the same mistake in the future. Contrary to compensatory damages which are designed to target specific damages the punitive damages may be applied to an entire group of people, and they are typically reserved for the most serious of violations.

The primary type of damages in medical malpractice lawsuits is reimbursement for actual financial losses, which include medical costs and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by providing an expert's opinion on what constitutes a breach of standard of care in the area of your case and in the field of specialization. This is a crucial step since without this evidence, your case could be dismissed at the initial hearing.