Medical Malpractice Attorneys

Medical professionals must adhere to a certain standard of care when caring for their patients. If a health care provider is not able to meet this standard and results in injuries or other complications for the patient, there could be grounds for a malpractice claim.

A successful malpractice lawsuit can assist in paying medical costs, reimburse lost wages, and acknowledge pain and discomfort. Medical malpractice claims aren't always straightforward.

Misdiagnosis

Medical malpractice lawsuits involving misdiagnosis are quite common. This type of case typically involves a health care provider mistakenly diagnosing a patient who has an injury or illness. A doctor may identify a patient as having pneumonia, when in reality the patient has staph. A misdiagnosis can have grave consequences for the patient, including death.

According to medical malpractice insurance companies, claims related to diagnosis comprise between 9 and 9 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. However the information on medical malpractice claims is limited and may be biased toward more severe errors. Furthermore, many claims fall through or are dismissed without being paid and a large number of errors that are meritorious do not result in a malpractice lawsuit.

To succeed in bringing an action for medical malpractice, a plaintiff must prove that the doctor acted in violation of the standard of care in diagnosing the condition. A lawyer for the plaintiff must demonstrate that the doctor's error resulted in injury.

The litigation process in medical malpractice cases is time-consuming, costly and emotionally intense. While the majority of medical malpractice claims are settled outside of court lawyers and expert witnesses have to invest time and money in negotiations, discovery and trial preparation. Doctors are also often required to pay their malpractice premiums when the claims process unfolds. These expenses have led to calls for reforms to the tort system which could reduce the costs of litigation and encourage more timely and fair settlements.

Errors in Treatment

If you visit a doctor or hospital for treatment, you expect to receive medical treatment that complies with the customary standards of practice in your community. This includes a correct diagnosis and a suitable treatment plan and appropriate monitoring to ensure that your health improves. However, errors made by nurses, doctors, and other medical malpractice law firm staff can be devastating and result in permanent injuries or even death.

These errors can take many forms. For example hospital staff members may misread a patient's medical chart and give the incorrect medication. This type of error is most common in emergency rooms where staff members are under pressure and their time is limited. This is also the case when an ER doctor is treating a condition which is outside their expertise.

Other types of errors comprise prescribing the wrong medication or giving patients an incorrect dosage that results in injuries. These mistakes can be made by pharmacists, doctors nurse practitioners, physician's assistants, and optometrists. They could also result in failing to prescribe or recommend follow-up care needed to treat the error.

Mistakes in medication can lead to various serious injuries. For instance, taking the wrong blood thinner specifically designed for heart patients could result in a risky bleeding disorder or result in a stroke. If you or a loved one is injured as a result of a medical mistake it is recommended that you consult an experienced New York medical negligence lawyer to determine whether you can be eligible for compensation.

Negligence

If medical professionals or doctors do not adhere to accepted standards of care, they could be liable for carelessness. This could happen in a variety environments, including hospitals doctor's offices, therapy clinics and nursing homes. If a doctor does not adhere to these guidelines and a patient is permanently hurt it could be necessary to pay for the damage.

To win a malpractice case the party who was injured must show that the physician's breach of professional duties caused the injury. This is referred to as causation and is a crucial element of the legal standard. The breach must be the direct cause of the injury, and the damages must be quantifiable.

In the case of medical malpractice the attorney representing the plaintiff must also convince jurors that it is more probable than not that the doctor's decision or inaction resulted in the damages claimed. This is a challenging job since people aren't always in a clear mind or are affected by the opinions that the opposing side is going to argue.

It is also essential that the lawyer has a solid knowledge of the medical profession and how it functions. This knowledge can assist in show that the breach of professional duty was a direct cause of the patient's injuries. Medical malpractice cases can be filed in federal or state courts. They usually require expert witnesses to define the standard of medical care that was breached.

Punitive Damages

We often take for granted that we can trust medical professionals to treat us with competence and care. But mistakes can be serious, leading to lifelong injuries or even death. If the errors cause wrongful death, the family members of the victims could be entitled to compensation for the damages they've suffered.

In the case of wrongful deaths, hospitals, doctors and nurses along with pharmacists, physical therapists, and pharmacists and diagnostic imaging technicians, as well as manufacturers of medical equipment, Medical Malpractice Lawyers are all liable to be sued. Because several parties could be involved it is often recommended for victims to make claims against them all in conjunction with their New York medical malpractice lawyers to determine which individuals or companies should be sued.

Punitive damages are intended to punish the offender and deter them from repeating the same behavior in the future. Contrary to compensatory damages which are intended to address specific damages the punitive damages may be applied to an entire class of people and they are typically reserved for extreme misconduct.

In a medical malpractice case the first type of damages is the reimbursement for financial losses. This includes medical expenses and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by presenting expert testimony on what constitutes a breach of the standard of care in the area of your case and in the field of specialization. This is a crucial procedure, since without the evidence you need to support your claim it may be dismissed during the initial hearing.