Medical Malpractice Attorneys

Medical professionals must follow an ethical standard when caring for their patients. If a medical professional fails to adhere to this standard, and if the failure causes injury or complications for the patient, there may be grounds for a malpractice claim.

A successful malpractice case could help pay for medical costs and also reimburse lost wages as well as acknowledge pain and discomfort. However, medical malpractice lawsuits are usually complicated.

Misdiagnosis

Medical malpractice claims involving incorrect diagnosis are common. This kind of claim is typically filed by a healthcare practitioner who incorrectly diagnoses a patient's illness or injury. For instance, a doctor might diagnose a patient with pneumonia, but the patient actually has staph infection. A mistake in diagnosis can have grave consequences, such as 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. Medical malpractice claims are comparatively small and could be biased towards more serious errors. In addition, claims frequently expire or are closed without payment and a lot of meritorious mistakes will never result in a malpractice lawsuit.

A plaintiff must prove that, in order to prevail on a claim for medical malpractice that the doctor did not adhere to the standard of care when diagnosing the condition. A plaintiff's lawyer must also show that the doctor's mistake directly caused injury.

The litigation process in a medical malpractice case is costly time-consuming, emotionally charged and lengthy. Although a majority of medical malpractice cases settle out of court, the attorneys representing both parties as well as expert witnesses must spend time and money on negotiation, discovery, as well as trial preparation. In addition, physicians are often forced to pay their malpractice insurance premiums while the claims process unfolds. These costs have led to calls for reforms to tort law which could reduce the costs of litigation and encourage quicker and medical malpractice lawyers fair settlements.

Errors in Treatment

When you visit a physician or hospital for treatment, you expect to receive medical care that conforms to the accepted practices in your area. This includes proper diagnosis and treatment, a reasonable treatment plan and Medical malpractice lawyers appropriate follow-up to ensure that your health improves. However, mistakes made by doctors, nurses and other medical personnel can be extremely serious and could lead to permanent injuries or even death.

These mistakes can come in a variety forms. Hospital staff members could mistakenly read the patient's chart and give the wrong medication. This type of mistake typically occurs in emergency rooms, where the time available is limited and staff members are pressured to offer quick service. It can also happen when a physician treats an issue outside of their area of specialization.

Other types of errors can include prescribing incorrect medications or giving patients the wrong dose that can cause injuries. These mistakes can be made by nurse practitioners, doctors as well as pharmacists, physician assistants and optometrists. These errors can also include the failure to recommend or prescribe the follow-up procedure to fix the mistake.

Incorrect medication can cause a variety of serious injuries. For example, taking an anticoagulant that is specifically designed for heart patients can cause a bleeding disorder or cause the patient to experience a stroke. If you have suffered an injury or lost your loved ones due to a medical error it is essential to consult with an experienced New York medical malpractice lawyer to determine if you're eligible to pursue compensation.

Negligence

If medical professionals or doctors do not follow accepted standards of care, they may be found guilty of carelessness. This can occur in a variety of settings, including hospitals, doctor's offices, therapy clinics, and nursing homes. If a doctor violates these guidelines and the patient suffers lasting harm the doctor may be required to compensate the victim for the harm.

To win a malpractice claim the person who suffered the injury has to establish that the doctor's failure in professional duties led to his or her injuries. This is called causation and is a vital part of the legal standard. The breach must be a direct cause of the injury, and the damages must be quantifiable.

In the case of medical malpractice, a plaintiff's lawyer must convince jurors that it is more likely than not that a doctor's actions or inactions led to the damages sought. This can be a challenge because people's memory isn't always clear, or they are affected by the arguments of the opposing side.

It is crucial that the lawyer has a good understanding of how the medical profession operates. This knowledge can be used to prove that the breach in professional duty led to the patient's injury. Medical malpractice cases can be filed in Federal or state courts, and often require expert witnesses to explain the standard of care that was violated.

Punitive Damages

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

These cases could involve claims against doctors, hospitals nurses, physical therapists pharmacists, diagnostic imaging technicians, and even manufacturers of medical equipment. Since multiple parties could be at fault, it's often advisable for victims to file claims against all of them and work with their New York medical malpractice lawyers to determine which individuals or companies should be sued.

Punitive damages are designed to punish the defendant and discourage them from engaging in similar behavior in the future. Punitive damages do not have to be limited to specific ailments. They can be applied to a large group of people and are reserved for serious wrongdoing.

In a case of medical malpractice the primary category 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 providing an expert opinion on what constitutes a breach of standards of care in the area of your case and in the field of specialization. This is an important step because without this evidence, your claim could be dismissed at the initial hearing level.