Medical Malpractice Attorneys

Medical professionals have to meet an established standard of care for their patients. If a health care provider is not able to meet this standard, and if the failure causes injuries or complications for the patient, there could be grounds for a malpractice claim.

A successful malpractice lawsuit may assist in paying medical costs, reimburse lost wages, as well as acknowledge pain and discomfort. However, medical malpractice lawsuits are often complex.

Undiagnosed

Misdiagnosis is among the most common medical malpractice claims. This type of claim is typically filed by a healthcare provider who incorrectly diagnoses the patient's condition or injury. A doctor may diagnose a patient as having pneumonia, when in reality the patient is suffering from staph. A misdiagnosis could have serious consequences, including death.

According to medical malpractice insurance companies medical malpractice insurers, diagnosis-related malpractice claims account for 9 percent (obstetrics) and 61% (pediatrics) of their total claims. However the data on medical malpractice claims is not comprehensive and could be biased toward more severe errors. Claims are often dismissed or lapsed without payment and many erroneous mistakes do not result in the filing of a malpractice lawsuit.

A plaintiff must demonstrate, in order to win a lawsuit for medical negligence, that the doctor failed to follow the standard of care when diagnosing the condition. A lawyer representing the plaintiff must prove that the doctor's mistake caused injury.

The litigation process in the case of medical malpractice can be lengthy, costly and emotionally charged. Even though the majority medical malpractice cases are settled out of court attorneys and expert witnesses are required to spend time and money on negotiations, discovery, and trial preparation. In addition, physicians are often required to pay the malpractice insurance premiums while the claims process is in progress. These expenses have led to demands for reforms in tort law, which would reduce the cost of litigation as well as encourage faster and more fair settlements.

Treatment Errors

You can expect that when visit a hospital or doctor to receive treatment, the care you receive will be in accordance with the standards of practice in your locality. This includes a thorough diagnosis and a reasonable treatment program and adequate follow-up in order to ensure that your health improves. However, mistakes by nurses, doctors or other medical personnel could be severe and cause permanent injury or even death.

These errors can take on a variety of forms. For instance an employee of a hospital may misread a patient's medical chart and give the incorrect medication. This kind of error is usually seen in emergency rooms in which staff are under pressure and their time is a problem. This can also happen if an ER doctor is treating a condition that isn't within their expertise.

Other kinds of errors could include prescribing the wrong medication or giving patients the wrong dosage, which can result in injury. These mistakes can be made by pharmacists, doctors, nurse practitioners, physician's assistants, and optometrists. These errors can also include the failure to suggest or prescribe the required follow-up procedure to fix the mistake.

Errors in the prescription process can cause a wide range of serious injuries. For heart patients, a blood thinner could cause an extremely dangerous bleeding disorder. It could also lead to a stroke. If you have suffered an injury or lost someone you love due to a medical error it is essential to speak with a seasoned New York medical malpractice lawyer to determine if you're eligible to seek compensation.

Negligence

Negligence can be a result of doctors or medical professionals not following accepted standards. This can happen in a variety of settings, including hospitals, doctor's office, therapy clinics and nursing homes. If a physician violates those standards and a patient suffers lasting harm they could be required to pay compensation for that harm.

To prevail in a malpractice case the plaintiff must prove that the physician's negligence in performing his professional duties led to the injury. Causation is a legal norm that is crucial. The breach must be a direct cause for the injury, and the damage must be quantifiable.

In cases involving medical negligence lawyers representing the plaintiff have to also convince the jury that it is more probable than not that the physician's actions or inactions led to the damages sought. This isn't easy because people's memory isn't always clear, or they are affected by the arguments of the opposing side.

It is essential that the lawyer is aware of how the medical profession works. This knowledge can assist in demonstrate that the breach of professional duty was the primary cause of the patient's injuries. Medical malpractice cases can be filed in Federal or state courts, and usually require an expert witness to define the standard of medical care that was not met.

Punitive Damages

We often assume that medical professionals will provide us with the best care and professionalism. Incorrect treatment can result in serious injuries or even death. If these errors lead to a wrongful demise, the family members of the victims could be entitled to compensation for damages they've suffered.

Wrongful death cases can include claims against doctors, hospitals nurses, physical therapists pharmacists as well as diagnostic imaging technicians and even medical equipment. It is important to pursue all parties involved, as several parties could be responsible. Victims should work with their New York medical negligence lawyers to determine which individuals or businesses are responsible.

Punitive damages seek to penalize the defendant for their actions and discourage them from repeating their actions in the future. As opposed to compensatory damages that are designed to target specific damages they can be applied to an entire group of people, and they are typically reserved for extreme misconduct.

In a medical malpractice case the primary category of damages is remuneration for financial losses. This includes medical malpractice attorneys expenses and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by presenting an expert's opinion on what constitutes a breach of standard of care in your particular area and specialization. This is a crucial step because without this evidence, your claim may be dismissed at the initial hearing.