Medical Malpractice Attorneys

Medical professionals must adhere to the highest standards of care when treating their patients. If a medical professional does not adhere to this standard and this breach causes injuries or complications to the patient, it could be a cause for a claim for malpractice.

A successful malpractice suit could assist in paying medical costs as well as pay back lost wages and acknowledge pain and discomfort. However, medical malpractice lawsuits can be complicated.

The wrong diagnosis

Medical malpractice claims that involve misdiagnosis are not uncommon. This type of claim typically involves a medical professional not correctly diagnosing a patient with an injury or illness. A physician may diagnose a patient with pneumonia, when in reality the patient is suffering from staph. A mistake could result in serious consequences for the patient including death.

According to medical malpractice insurance companies, claims related to diagnosis comprise between 9 percent and 91 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. However, medical malpractice claims data is not extensive and could be biased toward more severe errors. In addition, claims frequently expire or are dismissed without payment, and many meritorious errors won't result in a malpractice lawsuit.

To be able to successfully file a medical malpractice claim, a plaintiff must prove that the doctor violated the standard of care in diagnosing the condition. A plaintiff's attorney must also demonstrate that the doctor's error resulted in injury.

The litigation process in medical malpractice lawsuits is time-consuming, costly and emotionally intense. Even though the majority medical malpractice claims are settled outside of court lawyers and expert witnesses have to invest time and money on discovery, negotiations, and trial preparation. In addition, doctors are often forced to pay their malpractice insurance premiums while the claims process unfolds. These costs have prompted some to call for tort reform which will reduce the cost and promote more timely settlements.

Errors of Treatment

When you go to a doctor or a hospital to receive treatment, the care you receive will be in line to the standard of care in your locality. This includes a correct diagnosis, a reasonable treatment plan and a proper follow-up to ensure that your health improves. But mistakes made by nurses, doctors or other medical malpractice lawyer personnel can be very serious and result in permanent injuries or death.

These errors can take many forms. For instance, a hospital staff member may misread a patient's medical chart and prescribe the incorrect medication. This kind of error usually occurs in emergency rooms, where staff members are under pressure and time is short. staff members are pressured to provide fast service. This is also the case when doctors treat a condition that is outside of his or her area of expertise.

Other types of mistakes be caused by prescribing incorrect medication or prescribing patients with the wrong dosage that can cause injuries. These mistakes can be made by pharmacists, doctors, nurse practitioners, physician's assistants and optometrists. These errors could also result in the failure to suggest or prescribe the follow-up procedure to correct the error.

Incorrect medication can result in various serious injuries. For example, taking the wrong blood thinner specifically designed for heart patients could result in a risky bleeding disorder or result in stroke. If you or a loved one has been injured by an error in medical care and you are concerned about the consequences, consult an experienced New York medical negligence lawyer to determine if you are eligible to claim compensation.

Negligence

When medical professionals or doctors do not follow accepted standards of care, they may be found guilty of negligence. This can happen in a variety of settings, like hospitals, doctor's office, therapy clinics, and nursing homes. If a doctor violates these guidelines and the patient is permanently hurt they may be required to compensate the victim for the harm.

In order to win a malpractice case the person who suffered the injury must establish that the doctor's failure in professional duties led to the injuries. This is called causation and is an essential part of the legal requirement. The breach must be a direct cause for the injury, and the damage must be quantifiable.

In the case of medical negligence the lawyer representing the plaintiff must also convince the jury that it is more likely than not that a physician's actions or inactions resulted in the damages sought. This is a challenging task since people aren't always clear in their memories or are guided by their beliefs about the case that the other side is going to argue.

It is essential that the lawyer also has a thorough understanding of how the medical profession functions. This knowledge can be used to prove that the breach of professional duty caused the patient's injury. Medical malpractice cases are filed in federal or state courts, and usually require expert witnesses to describe how the standard of care was not met.

Punitive Damages

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

In cases of wrongful death, hospitals, doctors and nurses as well as pharmacists, physical therapists and doctors along with diagnostic imaging technicians and manufacturers of medical equipment, can be sued. Because multiple parties could be at fault it is often recommended for victims to bring claims against them all and work with their New York medical malpractice lawyers to determine which persons or companies should be sued.

Punitive damages aim to punish the defendant for their actions and deter them from repeating the same behavior in the future. Unlike compensatory damages, which are intended to address specific damages they can be applied to a broad class of people, and they are usually reserved for the most serious of violations.

The first type of damages in medical malpractice lawsuits is the reimbursement of 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 normal care for the case's location and specialty. This is a crucial step as without this evidence, your claim could be denied at the preliminary hearing level.