Medical Malpractice Attorneys

Medical professionals must comply with an established standard of care for their patients. If a health care provider is not able to meet 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 aid in the payment of medical expenses, reimburse lost wages, and acknowledge discomfort and pain. However, medical malpractice claims are often complicated.

The wrong diagnosis

Misdiagnosis is among the most common medical malpractice claims. This type of case typically involves a healthcare professional mistakenly diagnosing a patient who has an illness or injury. For instance, a physician may diagnose a patient with pneumonia when in reality the patient suffers from staph. A mistake can have serious consequences, including death.

According to medical malpractice insurance companies medical malpractice lawsuits 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. Claimants are typically closed or lapse without payment and a lot of good mistakes do not result in a malpractice suit.

To be able to successfully file a medical malpractice claim the plaintiff must show that the doctor violated the standard of care when diagnosing the condition. The lawyer representing the plaintiff needs to show that the doctor's mistake directly triggered an injury.

The litigation process of a medical malpractice case is costly as well as time-consuming and emotionally charged. While the majority of medical malpractice cases are settled outside of court attorneys and expert witnesses need to spend time and money on negotiations, discovery and trial preparation. Physicians are also frequently required to pay their malpractice costs as the claims process unfolds. These expenses have prompted some to call for tort reform which will reduce the cost and encourage quicker settlements.

Errors in Treatment

When you visit a hospital or doctor to receive treatment, the medical treatment you receive will be in accordance with the standard of practice in your locality. This includes a correct diagnosis, a reasonable treatment plan and adequate follow-up in order to ensure that your health improves. However, mistakes made by nurses, doctors, and other medical professionals can be devastating and cause permanent injuries, or even death.

These mistakes can take a variety of forms. For instance, a hospital staff member may misread a patient's medical chart and prescribe the incorrect medication. This type of error is usually seen in emergency rooms where staff are under pressure and time is a problem. It could also occur when a physician is treating an illness that is not within their area of specialization.

Other types of mistakes include prescribing incorrect medications or prescribing patients with the wrong dosage which could cause injuries. These mistakes can be committed by nurse practitioners, doctors or pharmacists, physician assistants, and optometrists. They may also be caused by an inability to prescribe or recommend follow-up care needed to treat the problem.

Medication mistakes can cause many serious injuries. Taken by heart patients, blood thinners can cause a dangerous bleeding disorder. It may also trigger a stroke. If you've suffered an injury or lost a loved one to a medical error it is vital to speak with a seasoned New York medical malpractice lawyer to determine if you can seek compensation.

Negligence

When medical professionals or doctors fail to adhere to accepted standards of care, they may be guilty of negligence. This can happen in a variety of places, such as hospitals, doctors' offices, therapy clinics and nursing homes. If a doctor fails to adhere to these guidelines and a patient is permanently hurt, they could be required to pay for the damage.

In order to prevail in a claim for malpractice the person who suffered the injury must prove that the physician's breach in their professional duties led to the injury. This is called causation and is an essential part of the legal standard. The breach must be a direct cause of the injury. The damage that was caused must be quantifiable. This includes lost wages or medical expenses.

In cases involving medical malpractice law firm malpractice attorneys 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 sought. This can be difficult since people's memories may not be always crystal clear or are in the hands of the opposing side.

It is also crucial that the lawyer has a thorough understanding of the medical profession and the way it functions. This knowledge can be used to show that the breach in professional duty caused the patient's injury. Medical malpractice cases are filed in state or federal courts, and typically include expert witnesses who demonstrate how the standard of care was breached.

Punitive Damages

We tend to assume that we can trust medical professionals to treat us with expertise and care. But mistakes can be serious which can lead to permanent injuries or even death. If the errors result in a wrongful death, victims and their families could be entitled to compensation for the losses they've suffered.

In the case of wrongful deaths hospitals, doctors and nurses as well as pharmacists and physical therapists and diagnostic imaging technicians, as well as manufacturers of medical equipment are liable for suing. Since several parties could be involved it is often recommended for victims to make claims against all of them and work with their New York medical malpractice lawyers to determine which individuals or businesses should be sued.

Punitive damages aim to punish the defendant for their conduct and discourage them from repeating the same conduct in the future. Unlike compensatory damages, which are intended to remedy specific harms however, punitive damages can be imposed on a large category of people, but they are usually reserved for cases of extreme misconduct.

The first category of damages in a medical malpractice lawsuit is a reimbursement for actual financial losses, such as the cost of medical treatment and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by providing expert testimony on what constitutes a breach of the standard of care in the area of your case and in the field of specialization. This is an important step as without this evidence, your claim may be dismissed at the preliminary hearing level.