Medical Malpractice Attorneys

Medical professionals must adhere to an established standard of care for their patients. If a health-care provider is not able to meet this standard, and if the failure results in injuries or other complications for the patient, there may be grounds for a malpractice lawsuit.

A successful malpractice lawsuit can help pay for medical costs as well as pay back lost wages as well as acknowledge pain and discomfort. However, medical malpractice lawsuits are often complex.

The wrong diagnosis

Misdiagnosis is among the most common medical malpractice claims. This type of claim usually involves a healthcare provider mistakenly diagnosing a patient who has an injury or illness. For instance, a physician may diagnose a patient with pneumonia when the patient actually is suffering from staph. A mistake in diagnosis can have grave consequences, such as death.

According to medical malpractice insurance companies, diagnosis-related claims represent between 9 and 10 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. However medical malpractice claims data is not extensive and could be biased toward more severe errors. The claims are usually closed or abandoned without payment and many good errors are not likely to result in an action for malpractice.

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

The process of bringing medical malpractice lawsuits can be lengthy, costly and emotionally demanding. Although the majority of medical malpractice claims are settled outside of court attorneys and expert witnesses have to spend time and money on negotiations, discovery, and trial preparation. In addition, doctors are often forced to pay for their malpractice insurance premiums as the claims process progresses. These costs have prompted some to advocate for reforms to tort law that will lower the cost and facilitate faster settlements.

Errors in Treatment

You can expect that when visit a hospital or doctor to receive treatment, the medical care you receive will be in accordance with the standard of care in your locality. This includes a clear diagnosis and a reasonable treatment program and a proper follow-up to ensure that your health improves. However, mistakes by nurses, doctors or other medical personnel could be severe and result in permanent injuries or even death.

These mistakes can come in a variety forms. For instance an employee of a hospital may misread a patient's medical chart and prescribe the incorrect medication. This kind of error is common in emergency rooms where staff are under pressure and time is a problem. It can also happen when a physician is treating an issue outside of the scope of specialization.

Other kinds of errors could include prescribing the wrong medication or giving patients the wrong dose that can cause injury. These errors can be committed by pharmacists, doctors, nurse practitioners, physician's assistants, and optometrists. They can also result in failing to prescribe or suggest follow-up care needed to treat the problem.

Mistakes in medication can cause a wide range of serious injuries. For instance, consuming the wrong blood thinner specifically designed for heart patients could result in a risky bleeding disorder or cause a patient to suffer stroke. If you have suffered an injury or lost a loved one to a medical mistake It is imperative to consult with an experienced New York medical malpractice lawyer to determine if you can seek compensation.

Negligence

Negligence can be a result of doctors or medical professionals not adhering to accepted standards. This can occur in a variety of environments, including hospitals doctor's offices, therapy clinics, and nursing homes. If a physician violates these rules and the patient is permanently hurt, they could be required to compensate for this harm.

To win a malpractice claim the person who suffered the injury must prove that the physician's breach in the discharge of professional duties caused his or her injuries. This is called causation and is a vital part of the legal requirement. The breach must have been directly responsible for the injury. The damage that occurred must be quantifiable. This includes medical or lost wages.

In cases involving medical malpractice, the plaintiff's attorney must also convince jurors that it is more probable than not that the physician's decision or inaction resulted in the damages demanded. This is a challenging task since people aren't always in the clear or are influenced by what they think 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 understanding can help prove that the breach of professional duty was the primary cause of the patient's injuries. Medical malpractice cases are filed in federal or state courts and often involve expert witnesses who can describe how the standard of care was breached.

Punitive Damages

We are often under the impression that medical professionals will treat us with skill, care and professionalism. Errors can cause serious injuries or even death. If those errors result in wrongful death, victims and their families may be entitled to compensation for losses that they have suffered.

These cases could involve claims against doctors, hospitals nurses, physical therapists, pharmacists diagnostic imaging technicians and even manufacturers of medical equipment. It's important to sue all the parties involved, since there could be multiple parties at fault. Victims should consult their New York medical negligence lawyers to determine who or which companies are responsible.

Punitive damages are designed to punish the defendant and discourage them from engaging in similar behavior in the future. Unlike compensatory damages, which are designed to address specific damages the punitive damages may be applied to a broad group of people, and they are typically reserved for those who have committed serious misconduct.

The first category of damages in medical malpractice lawsuits is the reimbursement of actual financial losses, such as expenses for medical care and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by giving an expert's opinion on what constitutes a breach of the standard of care within the area of your case and in the field of specialization. This is an essential procedure, since without the evidence you need to support your claim, it may be dismissed during the preliminary hearing.