Medical Malpractice Attorneys

Medical professionals must meet an exacting standard of care for their patients. If a healthcare provider is not able to meet this standard and that failure causes injuries or complications for the patient, there may be grounds for a malpractice lawsuit.

A successful malpractice lawsuit may help pay for medical costs and also reimburse lost wages and acknowledge discomfort and pain. However, medical malpractice lawsuits are often complex.

Misdiagnosis

Misdiagnosis is among the most frequent medical malpractice claims. This type of case is typically brought by a health care provider who misdiagnoses the patient's condition or injury. A doctor might diagnose a patient as having pneumonia when in fact the patient is suffering from staph. A mistake in diagnosis could have serious consequences for the patient including 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. Medical malpractice claims are comparatively small and could be biased towards more serious errors. Claimants are typically closed or lapse without payment and many good errors won't result in an action for malpractice.

To successfully bring an action for medical malpractice, a plaintiff must prove that the doctor did not follow the standard of care when diagnosing the condition. The attorney representing the plaintiff must show that the doctor's error caused an injury.

The litigation process in the case of medical malpractice is time-consuming, costly and emotionally intense. Although a majority of medical malpractice cases settle out of court, attorneys for both parties and experts must devote time and resources in negotiation, discovery, and trial preparation. Doctors are also often required to pay for their malpractice insurance as the claims process is developing. These expenses have led to calls for reforms to the tort system which would lower the costs of litigation and encourage quicker and more fair settlements.

Errors in Treatment

You can expect that when visit a hospital or doctor for treatment, the medical care you receive will be in accordance with the standard of practice in your community. This includes a correct diagnosis and a reasonable treatment plan and a proper follow-up to ensure that your health improves. However, mistakes made by nurses, doctors, and other medical professionals can be severe and cause permanent injury or even death.

These mistakes can come in a variety forms. A hospital employee could not understand the patient's chart and administer the incorrect medication. This type of error is more common in emergency rooms where staff are under pressure and time is limited. It can also happen when a physician is treating an illness that is not within their area of specialization.

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

Mistakes in medication can cause many serious injuries. For instance, taking an unapproved blood thinner that's actually intended for heart patients could result in a risky bleeding disorder or result in a stroke. If you or a loved one has been injured due to an error in medical care and you are concerned about the consequences, consult an experienced New York medical negligence lawyer for advice on whether you are able to seek compensation.

Negligence

Negligence may be the result of doctors or medical professionals not following accepted standards. This can happen in a variety of settings, like hospitals, doctors' office, therapy clinics and nursing homes. If a doctor fails to adhere to these standards and the patient is permanently hurt they may be required to compensate for this harm.

To prevail in a malpractice case the person who suffered the injury must prove that a physician's negligence in performing his professional duties led to his or her injuries. This is known as causation, and is a vital part of the legal requirement. The breach must be a direct cause for the injury, and the damages must be quantifiable.

In cases of medical malpractice the lawyer representing the plaintiff must also convince the jury that it is more likely than not that the physician's actions or inactions contributed to the damages sought. This can be a difficult job since people aren't always in a clear mind or are affected by the opinions that the other side will argue.

It is also essential that the lawyer has a deep understanding of the medical malpractice attorneys profession and the way it functions. This knowledge can be used to show that the breach in professional duties led to the patient's injury. Medical malpractice cases can be filed in state or Federal courts, and they often require an expert witness to explain the standard of care that was breached.

Punitive Damages

We take for granted that we can trust medical professionals to treat us with competence and care. However, serious mistakes can happen that can cause life-long injuries or even death. If those mistakes result in a wrongful death, victims and their families could be entitled to compensation for the losses they've suffered.

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

Punitive damages are designed to penalize the defendant and deter them from repeating the same behavior in the future. Contrary to compensatory damages which are intended to address specific damages they can be applied to a broad group of people, and they are typically reserved for the most serious of violations.

In a case of medical malpractice the first type of damages is reimbursement for financial losses. This includes medical costs and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by providing expert testimony on what constitutes a breach of the standards of care in the specific area of your case as well as in the specialty. This is an essential step, as without the evidence you require to support your claim, it could be dismissed at the preliminary hearing.