Medical Malpractice Attorneys

Medical professionals must adhere to a standard of care when caring for their patients. If a health care provider does not meet the standard of care, and this failure causes injuries or complications to the patient, it could be grounds for a claim for malpractice.

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 lawsuits malpractice claims are often complex.

The wrong diagnosis

Medical malpractice claims involving incorrect diagnosis are common. This type of claim typically involves a medical professional mistakenly diagnosing a patient who has an illness or injury. For instance, a doctor might diagnose a patient with pneumonia when in reality the patient has staph infection. A mistake in diagnosis can have grave consequences, 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 in pediatrics) or their total claims. Medical malpractice claims are not as extensive and may be biased towards more serious mistakes. Claims are often closed or lapse without payment and many good errors won't result in a malpractice suit.

A plaintiff must demonstrate that, in order to prevail on a lawsuit for medical negligence, that the doctor didn't follow the standard of care when diagnosing the condition. The lawyer for the plaintiff must prove that the doctor's error directly led to an injury.

The litigation process of a medical malpractice case is costly as well as time-consuming and emotionally charged. While the majority of medical malpractice claims are settled out of court attorneys and expert witnesses are required to invest time and money on negotiations, discovery and trial preparation. In addition, doctors are often required to pay the malpractice insurance premiums as the claims process progresses. These costs have prompted calls for tort reform which could reduce the cost of litigation and help to encourage more timely and fair settlements.

Errors of Treatment

When you visit a physician or hospital to receive treatment, you are expected to receive medical care that conforms to the accepted guidelines of practice in your local area. This includes a clear diagnosis and a reasonable treatment program and a proper follow-up to ensure that your health improves. But mistakes made by doctors, nurses or other Medical malpractice Attorney personnel can be extremely serious and could lead to permanent injuries or death.

These mistakes can take a variety of forms. For instance, a hospital staff member could misread the patient's chart and prescribe the wrong medication. This kind of error is most common in emergency rooms where staff members are under pressure and time is a problem. It could also happen when a doctor is treating an illness that is not within the scope of specialization.

Other types of errors comprise prescribing the wrong medication or giving patients a wrong dosage that results in injuries. These mistakes can be made by pharmacists, doctors nurse practitioners, physician's assistants and optometrists. These errors can also include failing to recommend or prescribe the follow-up procedure to correct the error.

Medication errors can lead to various serious injuries. For example, taking the wrong blood thinner specifically designed for heart patients could cause a bleeding disorder or result in stroke. If you or a loved one was injured by an error in medicine it is recommended that you consult an experienced New York medical negligence lawyer for advice on whether you are able to pursue compensation.

Negligence

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

To win a malpractice case the plaintiff must prove that a physician's negligence in performing his professional duties led to his or her injuries. Causation is a legal standard that is essential. The breach must have been a direct cause of the injury, and the damage that occurred must be quantifiable, such as lost wages or medical expenses.

In the event of medical malpractice, a plaintiff's lawyer must also convince the juror that it is more likely than not that a doctor's actions or inactions contributed to the damages sought. This can be challenging because people's memories are not always clear, or they are influenced by the arguments of the opposing side.

It is also crucial that the lawyer has a deep knowledge of the medical profession and how it functions. This knowledge can be used to show that the breach of professional duties caused the patient's injury. Medical malpractice cases are filed in state or federal courts, and usually have expert witnesses who provide evidence of how the standard care was breached.

Punitive Damages

We take for granted that we can trust medical professionals to treat us with competence and care. However, mistakes of a serious nature can occur and cause permanent injuries or even death. If the errors result in wrongful death, victims and their families could be entitled to compensation for the loss they've suffered.

In cases of wrongful death, there are claims against hospitals, doctors nurses, physical therapists pharmacists and diagnostic imaging technicians and even medical equipment. Since several parties could be involved it's usually recommended for victims to claim against them all while working with their New York medical malpractice lawyers to determine which people or businesses should be sued.

Punitive damages aim to punish the defendant for their actions and deter them from repeating the same conduct in the future. Punitive damages are not limited to specific damages. They can be applied to a large class of people and are reserved for the most serious misconduct.

In a case of medical malpractice, the first category of damages is the reimbursement for financial losses. This includes medical expenses and lost wages. Your New York medical negligence lawyer can assist you in determining the amount of your damages by providing expert testimony on what constitutes a breach of standard of care in the particular case's location and specialization. This is an essential step, because without the evidence to support your claim, it may be dismissed during the initial hearing.