Medical Malpractice Attorneys

Medical professionals must meet a standard of care when treating their patients. If a medical professional is not able to meet this standard, and the negligence causes injuries or complications for the patient, it may be grounds for a lawsuit for negligence.

A successful malpractice lawsuit can aid in the payment of medical expenses or reimburse lost wages as well as acknowledge pain and discomfort. However, medical malpractice claims are usually complicated.

Undiagnosed

Misdiagnosis is among the most common medical malpractice claims. This type of claim typically involves a health care provider incorrectly diagnosing a patient with an illness or injury. For example, a physician might diagnose a patient as having pneumonia when the patient actually suffers from staph. A misdiagnosis could have serious consequences, such as death.

According to medical malpractice insurers medical malpractice insurers, diagnosis-related malpractice claims account for 9 percent (obstetrics) and 61% (pediatrics) of their total claims. However, medical malpractice claims data is not extensive and could be biased toward more severe errors. Furthermore, claims often lapse or are dismissed without being paid and many meritorious errors will never result in a malpractice lawsuit.

In order to be successful in bringing a medical malpractice claim, the plaintiff must prove that the doctor acted in violation of the standard of care in diagnosing the condition. A lawyer representing the plaintiff must establish that the error of the doctor caused injury.

The litigation process in a medical malpractice case is costly time-consuming, emotionally charged and lengthy. Even though the majority of medical malpractice cases are settled outside of court lawyers and expert witnesses have to invest time and money on discovery, negotiations, and trial preparation. Physicians are often required to pay malpractice insurance when the claims process progresses. These expenses have prompted some to advocate for tort reform which will reduce the cost and facilitate faster settlements.

Errors in Treatment

You expect that when you visit a hospital or doctor for treatment, the medical attention you receive will be in accordance with the standard of practice in your locality. This includes proper diagnosis and a sensible treatment plan, and the proper follow-up to ensure that your health improves. However, mistakes made by doctors, nurses and other medical staff can be severe and result in permanent injuries or even death.

These errors may take many forms. A hospital employee could misread the patient's chart and give the wrong medication. This type of error is usually seen in emergency rooms in which staff are under pressure and time is a problem. It could also happen when a physician is treating an issue outside of their area of expertise.

Other types of mistakes include prescribing incorrect medications or giving patients the wrong dosage that causes injuries. These mistakes can be made by doctors, nurse practitioners or pharmacists, physician assistants, and optometrists. They can also result in an inability to prescribe or recommend follow-up care necessary to treat the problem.

Mistakes in medication can cause a wide range of serious injuries. When a heart patient is taking a medication, the use of a blood thinner can lead to a serious bleeding disorder. It could also cause stroke. If you've suffered an injury or lost a loved one due to a medical mistake It is imperative to consult with a skilled New York medical malpractice lawyer to determine if you're eligible to seek compensation.

Negligence

Negligence can be a result of medical malpractice attorneys professionals who do not adhere to accepted standards. This can occur in a variety of places, such as hospitals, doctor's offices, therapy clinics and nursing homes. If a doctor fails to adhere to these guidelines and the patient suffers permanent harm it could be a requirement to compensate the victim for the injury.

To prevail in a malpractice case the person who suffered the injury must show that the physician's breach of professional duty caused his or her injuries. This is called causation and is a vital element of the legal standard. The breach must be directly responsible for the injury, and the damage that was caused must be quantifiable, for example, lost wages or medical expenses.

In cases involving medical malpractice the attorney representing the plaintiff must also convince jurors that it is more probable than not that the doctor's actions or inaction caused the damages alleged. This can be challenging because people's memories are not always crystal clear or are affected by the arguments of the opposing side.

It is also important that the lawyer has a solid knowledge of the medical profession and the way it functions. This knowledge can assist in prove that the breach of professional obligation was a primary cause of the patient's injuries. Medical malpractice cases are filed in state or federal courts, and usually include expert witnesses who describe how the standard of medical care was not met.

Punitive Damages

We take for granted that we can trust medical professionals to treat us with expertise and care. Serious errors can lead to serious injuries, or even death. If those mistakes result in wrongful death, victims and their family members may be entitled to compensation for the losses they've suffered.

In cases of wrongful death, there are claims against hospitals, doctors, nurses, physical therapists pharmacists diagnostic imaging technicians and even manufacturers of medical equipment. Because multiple parties could be responsible it's usually recommended for victims to file claims against them all while working with their New York medical malpractice lawyers to determine which individuals or businesses need to be sued.

Punitive damages are designed to punish the defendant for their actions and discourage them from repeating the same behavior in the future. As opposed to compensatory damages that are intended to address specific harms, punitive damages can be imposed on a large class of people and they are typically reserved for cases of extreme misconduct.

The primary type of damages in a medical malpractice lawsuit 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 providing an expert opinion on what constitutes a breach of standard of care within your case's locality and specialty. This is a crucial step, as without the evidence you require to prove your case, it could be dismissed at the initial hearing.