Medical Malpractice Attorneys

Medical professionals must comply with an established standard of care for their patients. If a medical professional fails to adhere this standard and this negligence causes injuries or complications to the patient, it could be grounds for a claim for malpractice.

A successful malpractice case could assist in paying medical costs and also reimburse lost wages and acknowledge discomfort and pain. Medical malpractice claims can be a bit complicated.

The wrong diagnosis

Medical malpractice lawsuits involving misdiagnosis are not uncommon. This type of claim is usually filed by a healthcare provider who incorrectly diagnoses the patient's condition or injury. For example, a physician might diagnose a patient as having pneumonia when in reality the patient has a staph infection. A mistake in diagnosis could have serious consequences for the patient including death.

According to medical malpractice insurance companies, claims related to diagnosis comprise between 9 and 9 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. Medical malpractice claims are not as extensive and could be biased towards more severe errors. In addition, claims frequently expire or are closed without being paid and a lot of meritorious mistakes will never result in a malpractice lawsuit.

To be able to successfully file a medical malpractice claim the plaintiff must demonstrate that the doctor violated the standard of care in diagnosing the condition. The attorney representing the plaintiff must establish that the error of the doctor resulted in injury.

The litigation process of medical malpractice lawsuit malpractice cases can be costly time-consuming, emotionally charged and lengthy. While the majority of medical malpractice cases are settled out of court, attorneys representing both parties as well as expert witnesses must spend time and money on negotiations, discovery, and trial preparation. Additionally, doctors are often forced to pay for their malpractice insurance premiums as the claims process progresses. These costs have led to demands for reforms in tort law, which would reduce the costs of litigation and encourage quicker and more fair settlements.

Errors of Treatment

When you visit a physician or hospital for treatment, you expect to receive medical treatment that is consistent with the established standards of practice in your community. This includes a proper diagnosis and treatment, a reasonable treatment plan, and the proper follow-up to ensure that your health improves. However, mistakes made by doctors, nurses or other medical personnel could be fatal and result in permanent injuries or death.

These mistakes can come in a variety forms. A hospital employee could mistakenly read the patient's chart and prescribe the wrong medication. This kind of error usually occurs in emergency rooms, where time is limited and overworked staff members are under pressure to provide fast service. This can also happen if an ER doctor is treating a condition that is not within his or her area of expertise.

Other types of errors can be caused by prescribing incorrect medication or prescribing the wrong dosage to patients that can cause injury. These mistakes can be made by pharmacists, doctors, nurse practitioners, physician's assistants and optometrists. These errors can also include a failure to recommend or prescribe the appropriate follow-up treatment to rectify the error.

Medication errors can lead to an array of serious injuries. Taken by heart patients, a blood thinner could cause an extremely dangerous bleeding disorder. It could also cause stroke. If you or a loved one has been injured due to an error in medicine, you should consult an experienced New York medical negligence lawyer for advice on whether you are able to seek compensation.

Negligence

If medical professionals or doctors fail to follow accepted standards of care, they may be liable for negligence. This can occur in a variety of environments, including hospitals therapy clinics, doctor's offices, and nursing homes. If a doctor fails to adhere to these guidelines and the patient suffers lasting harm it could be a requirement to compensate the victim for that harm.

To prevail in a malpractice lawsuit the plaintiff must prove that a physician's breach of professional obligations caused the injury. This is referred to as causation and it is a key element of the legal standard. The breach has to be a direct cause of the injury. The damage that occurred must be quantifiable, such as medical or lost wages.

In the event of medical malpractice lawyers representing plaintiffs must also convince the jury that it is more likely than not that a doctor's actions or inactions resulted in the damages sought. This is a challenging task because people aren't always clear in their memories or are guided by their beliefs about the case that the other side is going to argue.

It is vital that the lawyer is aware of how the medical profession operates. This knowledge can help to prove that the breach of professional duty was a direct cause of the patient's injuries. Medical malpractice cases can be filed in state or Federal courts, and often require expert witnesses to define the standard of medical care that was not met.

Punitive Damages

We are often under the impression that medical professionals will treat us with skill, care and professionalism. A mistake can lead to serious injuries, or even death. If those mistakes result in wrongful death, victims and their families may be entitled to compensation for the loss they've suffered.

In the case of wrongful deaths, hospitals, doctors and nurses as well as pharmacists, physical therapists and doctors as well as diagnostic imaging technicians and manufacturers of medical equipment, can be sued. Since multiple parties could be at fault it's usually recommended for victims to file claims against them all while working with their New York medical malpractice lawyers to determine which people or businesses should be sued.

Punitive damages are designed to penalize the defendant and discourage them from engaging in similar behavior in the future. Punitive damages aren't limited to specific damages. They can be applied to a broad category of people and are reserved for the most serious infractions.

In a medical malpractice case the first class of damages is remuneration for financial losses. This includes medical expenses and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by presenting expert testimony on what constitutes a breach of the standard of care in your case's locality and specialty. This is a crucial step because, without this evidence, your claim may be dismissed at the initial hearing.