Medical Malpractice Attorneys

Medical professionals must meet the highest standards of care when they care for their patients. If a health care provider does not adhere to this standard and causes injuries or complications for the patient, there may be grounds for a malpractice lawsuit.

A successful malpractice suit could help to pay for medical expenses or reimburse lost wages as well as acknowledge pain and discomfort. Medical malpractice lawsuits can be complex.

The wrong diagnosis

Medical malpractice lawsuits involving misdiagnosis are common. This type of claim usually involves a healthcare professional mistakenly diagnosing a patient who has an injury or illness. For instance, a physician might diagnose a patient as having pneumonia when in reality the patient suffers from staph. A misdiagnosis can have serious consequences, including death.

According to medical malpractice insurers, diagnosis-related malpractice claims account for between 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. However medical malpractice claims data is limited and may be biased toward more severe mistakes. Furthermore, claims often lapse or are dismissed without payment and a lot of meritorious mistakes do not result in a malpractice lawsuit.

To succeed in bringing an action for medical malpractice, a plaintiff must prove that the doctor violated the standard of care in diagnosing the condition. The lawyer representing the plaintiff needs to prove that the doctor's error directly led to an injury.

The litigation process in medical malpractice cases is costly, time-consuming and emotionally charged. While the majority of medical malpractice claims are settled outside of court attorneys and expert witnesses need to invest time and money in discovery, negotiations and trial preparation. Physicians are also frequently required to pay for their malpractice insurance when the claims process is unfolding. These expenses have led some to call for tort reform which would reduce the cost and encourage quicker settlements.

Errors in Treatment

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

These errors can take many forms. A hospital staff member may miss-read the patient's chart and prescribe 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 fast service. This can also happen if a doctor treats a condition that is outside of his or her expertise.

Other types of errors include prescribing the wrong medications or giving patients an incorrect dosage that causes injuries. These mistakes can be made by nurse practitioners, doctors, physician assistants, pharmacists and optometrists. They may also be caused by the failure to prescribe or recommend follow-up treatment required to correct the error.

Mistakes in medication can lead to many serious injuries. When a heart patient is taking a medication, blood thinners can cause a dangerous bleeding disorder. It could also lead to a stroke. If you have suffered an injury or lost your loved ones due to a medical mistake it is vital to consult a knowledgeable New York medical malpractice lawyer to determine if you are able to pursue compensation.

Negligence

If medical professionals or doctors do not adhere to accepted standards of care, they could be found guilty of negligence. This can occur in a variety of settings, including hospitals, doctors' offices, therapy clinics and nursing homes. If a doctor violates these rules and the patient is permanently hurt the doctor could be liable to compensate for this harm.

To prevail in a malpractice lawsuit the plaintiff must demonstrate that the physician's lapse in professional duties led to the injury. This is referred to as causation and is a crucial element of the legal standard. The breach must be a direct cause of the injury, and the damages must be quantifiable.

In cases of medical malpractice lawyers representing the plaintiff have to convince the jury that it is more likely than not that the physician's actions or inactions led to the damages claimed. This can be difficult because people's memory isn't always clear, or they are in the hands of the other side.

It is crucial that the lawyer also is knowledgeable of how the medical profession operates. This knowledge can be used to show that the breach in professional duty caused the patient's injury. Medical malpractice cases can be brought in Federal or State courts. They usually involve expert witness who can define the standard of medical care that was breached.

Punitive Damages

We are often conditioned to believe that we can trust medical professionals to treat us with competence and care. However, serious mistakes can happen, leading to lifelong injuries or even death. If these mistakes result in wrongful death, the victims and their families could be entitled compensation for the losses that they have suffered.

In wrongful death cases hospitals, doctors and nurses as well as pharmacists, physical therapists and doctors, as well as diagnostic imaging technicians and manufacturers of medical equipment could be sued. Since multiple parties could be responsible 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 identify which individuals or businesses need to be sued.

Punitive damages are designed to punish the offender and deter them from engaging in similar behavior in the future. As opposed to compensatory damages that are intended to address specific damages they can be applied to a broad category of people, but they are usually reserved for cases of extreme misconduct.

In a medical malpractice case, the first category of damages is remuneration for financial losses. This includes medical malpractice law firm expenses and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by providing an expert opinion on what constitutes a breach of the standard of care in your case's locality and specialty. This is a crucial step since without this evidence, your claim could be denied at the preliminary hearing.