Medical Malpractice Attorneys

Medical professionals must follow an ethical standard in their care of patients. If a health-care provider fails to adhere to this standard and results in injuries or complications for the patient, there may be grounds for a malpractice lawsuit.

A successful malpractice lawsuit can help to pay for medical expenses and also reimburse lost wages as well as acknowledge pain and discomfort. However, medical malpractice claims are often complex.

Misdiagnosis

Medical malpractice claims that involve misdiagnosis are not uncommon. This kind of claim is typically brought by a health care provider who incorrectly diagnoses an injury or illness of a patient. For instance, a doctor might diagnose a patient as having pneumonia when the patient actually is suffering from staph. A misdiagnosis could cause serious consequences for the patient including death.

According to medical malpractice insurers that cover diagnosis-related malpractice, claims for this type of malpractice account for between 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. Medical malpractice claims are comparatively small and may be biased towards more severe mistakes. Furthermore, claims often lapse or are dismissed without payment and a lot of meritorious mistakes are not a cause for malpractice lawsuit.

To succeed in bringing an action for medical malpractice the plaintiff must show that the doctor did not follow the standard of care when diagnosing the condition. A lawyer for the plaintiff must establish that the error of the doctor caused an injury.

The process of litigation in a medical malpractice case can be expensive, time-consuming and emotionally charged. Although a majority of medical malpractice cases settle without trial, the attorneys representing both parties as well as expert witnesses have to spend time and resources in negotiation, discovery, as well as trial preparation. In addition, doctors are often required to pay for their malpractice insurance premiums while the claims process unfolds. These expenses have led some to call for tort reform, which would reduce the cost and encourage quicker settlements.

Treatment errors

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

These errors may take many forms. A hospital staff member may miss-read the chart of a patient and then administer the wrong medication. This type of mistake typically occurs in emergency rooms where there is a short time frame and staff members are under pressure to offer quick service. This can also happen if doctors treat a condition that is outside of their expertise.

Other types of errors comprise prescribing the wrong medication or giving patients a wrong dosage that causes injury. These mistakes can be made by doctors, pharmacists, nurse practitioners, physician's assistants and optometrists. They can also involve a failure to prescribe or recommend follow-up treatment necessary to treat the problem.

Errors in the prescription process can cause various serious injuries. Heart patients who are taking a blood thinner could cause an extremely dangerous bleeding disorder. It may also trigger stroke. If you've suffered an injury or lost a loved one due to a medical error, it is crucial to consult with a skilled New York medical malpractice lawyer to determine if you are able to seek compensation.

Negligence

Negligence may be the result of medical professionals failing to follow accepted standards. This can happen in a variety of settings, including hospitals, doctor's offices, therapy clinics, and nursing homes. If a doctor fails to adhere to these standards and the patient suffers permanent harm it could be necessary to compensate for the harm.

In order to prevail in a claim for malpractice, the injured party must show that the doctor's breach in the discharge of professional duties caused the injury. Causation is a legal standard that is crucial. The breach must have been a direct cause of the injury. The damage that occurred must be quantifiable, for example, medical or lost wages.

In cases involving medical malpractice lawyers representing the plaintiff have to convince the jury that it is more probable than not that the physician's actions or inaction caused the damages claimed. This can be a challenge because people's memories are not always clear or they are in the hands of the other side.

It is crucial that the lawyer has a good understanding of how the medical profession functions. This understanding can help prove that the breach of professional obligation was a primary cause of the patient's injuries. Medical malpractice cases can be filed in Federal or state courts, and often require expert witnesses to define the standard of medical care that was breached.

Punitive Damages

We believe that medical professionals will provide us with the best care and professionalism. However, serious mistakes can happen and cause permanent injuries or even death. If those mistakes result in a wrongful death, victims and their family members may be entitled to compensation for the losses they've suffered.

In the case of wrongful deaths, hospitals, doctors and nurses, physical therapists and pharmacists and diagnostic imaging technicians and manufacturers of medical equipment, can be sued. It is essential to sue everyone involved since many parties could be responsible. Victims should consult their New York medical negligence lawyers to determine which people or companies are responsible.

Punitive damages aim at punishing the defendant for their actions and discourage them from repeating their actions in the future. Punitive damages do not have to be limited to specific injuries. They can be applied to a whole category of people, and are reserved for serious infractions.

The first category of damages in the medical malpractice attorney malpractice lawsuit is a reimbursement for actual financial losses, such as expenses for medical treatment and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by giving an expert opinion on what constitutes a breach of standard of care within your particular area and specialization. This is an essential step because, without the evidence you require to support your claim it could be dismissed during the initial hearing.