Medical Malpractice Attorneys

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

A successful malpractice lawsuit may help pay for medical costs, reimburse lost wages, as well as acknowledge pain and discomfort. Medical malpractice claims can be complex.

Incorrect diagnosis

The misdiagnosis of a patient is among the most frequent medical malpractice claims. This type of claim usually involves a healthcare professional not correctly diagnosing a patient with an illness or injury. For instance, a physician may diagnose a patient with pneumonia, but the patient actually has a staph infection. A misdiagnosis can have grave consequences for the patient, including death.

According to medical malpractice insurance companies medical malpractice insurers, diagnosis-related malpractice claims account for 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. However, medical malpractice claims data is limited and may be biased towards more serious errors. Furthermore, claims often lapse or are dismissed without being paid and a large number of errors that are meritorious are not a cause for malpractice lawsuit.

To be able to successfully file an action for medical malpractice, the plaintiff must prove that the doctor acted in violation of the standard of care in diagnosing the condition. A lawyer for the plaintiff must prove that the doctor's mistake caused an injury.

The process of bringing medical malpractice lawsuits can be long-winded, costly and emotionally demanding. Although a majority of medical malpractice cases settle without trial, the attorneys for both parties and experts have to devote time and money in negotiation, discovery, as well as trial preparation. Additionally, doctors are often required to pay for their malpractice insurance premiums while the claims process unfolds. These costs have prompted demands for reforms in tort law which could reduce the costs of litigation and encourage faster and more fair settlements.

Errors in Treatment

When you visit a doctor or hospital for treatment, you're expected to receive medical care that is in accordance with the standard standards of practice in your area. This includes a thorough diagnosis, a reasonable treatment plan and the proper follow-up to ensure that your health improves. However, mistakes by nurses, doctors, and other medical professionals can be extremely serious and cause permanent injuries, or even death.

These errors can take on a variety of forms. For example, a hospital staff member might misread a patient's chart and then administer the incorrect medication. This kind of error is most common in emergency rooms where staff members are under pressure and time is limited. It can also happen if the doctor treats a problem that isn't within their expertise.

Other kinds of errors include prescribing the wrong medication or giving patients an improper dosage that causes injuries. These mistakes can be made by doctors, pharmacists, nurse practitioners, physician's assistants and optometrists. They can also involve a failure to prescribe or recommend follow-up care needed to treat the problem.

A mistake in the dosage of a medication can result in various serious injuries. For instance, taking an unapproved blood thinner that's actually intended for heart patients could lead to a dangerous bleeding disorder or cause the patient to suffer stroke. If you or someone you love was injured by an error in medical care, you should consult an experienced New York medical negligence lawyer for advice on whether you are able to be eligible for compensation.

Negligence

Negligence could be the result of doctors or medical professionals not following accepted standards. This can happen in many settings, including hospitals, doctor's offices, therapy clinics, and nursing homes. If a doctor does not adhere to these standards and the patient suffers permanent harm, they could be required to pay for the damage.

To prevail in a malpractice lawsuit the plaintiff has to establish that the doctor's failure in the discharge of professional duties caused his or her injuries. Causation is a legal norm that is crucial. The breach has to be a direct cause of the injury. The damage that was caused must be quantifiable. This includes lost wages or medical expenses.

In cases of medical malpractice the attorney representing the plaintiff must convince the jury that it is more likely than not that the doctor's actions or inactions led to the damages alleged. This can be challenging because people's memory isn't always crystal clear or are in the hands of the opposing side.

It is also essential that the lawyer has a thorough knowledge of the medical profession and the way it functions. This knowledge can be used to prove that the breach of professional duties led to the patient's injury. Medical malpractice cases are filed in federal or state courts, and usually involve expert witnesses who can demonstrate how the standard of care was violated.

Punitive Damages

We often assume that medical professionals will provide us with the best care and professionalism. However, serious mistakes can happen, leading to lifelong injuries or even death. If these mistakes result in wrongful death, family members of the victims could be entitled to compensation for losses that they have suffered.

In cases of wrongful death hospitals, doctors, nurses along with pharmacists, physical therapists, and pharmacists along with diagnostic imaging technicians, as well as manufacturers of medical equipment, could be sued. Since several parties could be involved in a case, it's generally recommended for victims to bring claims against them all while working with their New York medical malpractice lawyers to determine which individuals or businesses should be sued.

Punitive damages are intended to penalize the defendant and discourage them from engaging in similar behavior in the future. Punitive damages do not have to be limited to specific harms. They can be applied to a broad class of people and are only available for extreme misconduct.

The primary type of damages in medical malpractice lawsuits is a reimbursement for actual financial losses, such as medical costs and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by giving an expert opinion on what constitutes a breach of standard of care within your case's locality and specialty. This is a crucial step since without this evidence, your case could be dismissed at the preliminary hearing level.