Medical Malpractice Attorneys

Medical professionals must comply with an established standard of care for their patients. If a health care provider does not meet this standard and this failure causes injuries or complications for the patient, it may be a cause for a claim for malpractice.

A successful malpractice lawsuit can aid in the payment of medical expenses as well as pay back lost wages as well as acknowledge pain and discomfort. Medical malpractice lawsuits aren't always straightforward.

Misdiagnosis

Misdiagnosis is one of the most frequently filed medical malpractice claims. This type of case typically involves a healthcare professional not correctly diagnosing a patient with an injury or illness. For instance, a doctor may diagnose a patient with pneumonia when the patient in fact suffers from staph. A mistake can have serious consequences, such as 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% (pediatrics) of their total claims. However, medical malpractice claims data isn't extensive and may be biased toward more severe mistakes. In addition, claims frequently expire or are closed without being paid, and many meritorious errors do not result in a malpractice lawsuit.

To succeed in bringing a medical malpractice claim, a plaintiff must prove that the doctor violated the standard of care when diagnosing the condition. The lawyer representing the plaintiff must prove that the doctor's error directly caused an actual injury.

The litigation process in medical malpractice cases can be costly emotional, time-consuming, and stressful. Although the majority of medical malpractice cases settle in court, attorneys representing both parties as well as expert witnesses have to spend time and money on negotiation, discovery, and trial preparation. Doctors are also often required to pay their malpractice premiums while the claims process unfolds. This has led to calls for tort reform which would lower the costs of litigation and encourage quicker and fair settlements.

Errors in Treatment

When you visit a physician or hospital for treatment, you're expecting to receive medical care that is in accordance with the standard standards of practice in your local area. This includes a clear diagnosis and a reasonable treatment plan and adequate follow-up in order to ensure that your health improves. However, errors made by nurses, doctors, and other medical personnel can be serious and cause permanent injuries or even death.

These mistakes can take a variety of forms. For instance an employee of a hospital could misread the patient's chart and then administer the incorrect medication. This type of error usually occurs in emergency rooms, where time is limited and overworked staff members are pressured to offer quick service. It could also occur when a physician treats an illness that is not within his or her area of expertise.

Other types of errors can include prescribing incorrect medications or giving patients the wrong dose that can cause injury. These mistakes can be committed by doctors, nurse practitioners, physician assistants, pharmacists and optometrists. They can also involve the failure to prescribe or recommend follow-up care that is required to correct the error.

Errors in the prescription process can cause an array of serious injuries. Taken by heart patients, a blood thinner could cause bleeding disorders that are dangerous. It could also lead to stroke. If you've suffered an injury or lost a loved one due to a medical error It is imperative to consult a knowledgeable New York medical malpractice lawyer to determine if you can seek compensation.

Negligence

When doctors or medical professionals fail to adhere to accepted standards of care, they could be found guilty of negligence. This can occur in many different settings, such as hospitals, doctor's office, therapy clinics, and nursing homes. If a doctor does not adhere to these rules and the patient suffers permanent harm they may be required to compensate for this harm.

To prevail in a malpractice case the person who suffered the injury must show that the physician's breach of professional duty caused the injury. This is referred to as causation and is a vital element of the legal standard. The breach must be the direct cause of the injury, and the damage must be quantifiable.

In the event of medical malpractice, a plaintiff's lawyer must also convince the juror that it is more likely than not that a physician's actions or inactions contributed to the damages sought. This is a challenging task because people aren't always able to recall their actions or are in awe of what they believe that the opposing side will argue.

It is also important that the lawyer has a strong understanding of the medical profession and how it functions. This knowledge can help to 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 include expert witnesses who define the standard of medical care that was not met.

Punitive Damages

We assume that medical professionals will provide us with the best care and professionalism. Serious errors can lead to serious injuries or even death. When those errors lead to a wrongful death, victims and their families could be entitled to compensation for the loss they've suffered.

Wrongful death cases can include claims against doctors, hospitals, nurses, physical therapists, pharmacists and diagnostic imaging technicians and even medical equipment. Since several parties could be involved it is often recommended for victims to claim against them all, working with their New York medical malpractice lawyers to identify which individuals or companies should be sued.

Punitive damages are designed to penalize the defendant and discourage them from repeating similar actions in the future. Contrary to compensatory damages which are designed to address specific harms however, punitive damages can be imposed on a large group of people, and they are typically reserved for the most serious of violations.

In a medical malpractice case the first type of damages is reimbursement for financial losses. This includes medical costs and lost wages. Your New York medical negligence lawyer can help you determine the amount of your damages by providing expert testimony on what is considered to be a violation of normal care for the case's location and specialization. This is an essential step, because without the evidence you need to support your claim, it could be dismissed at the initial hearing.