Medical Malpractice Attorneys

Medical professionals must meet a certain standard of care for their patients. If a health care provider is not able to meet this standard and causes injury or complications for the patient, there could be grounds for a malpractice lawsuit.

A successful malpractice lawsuit can aid in the payment of medical expenses, reimburse lost wages and acknowledge the pain and suffering. Medical malpractice lawsuits aren't always straightforward.

The wrong diagnosis

Misdiagnosis is one of the most frequent medical malpractice claims. This type of claim usually involves a healthcare provider not correctly diagnosing a patient with an injury or illness. For instance, a physician may diagnose a patient with pneumonia when the patient in fact 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 represent between 9 and 10 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. Medical malpractice claims are comparatively small and may be biased towards more serious mistakes. Most claims are closed or lapse without payment and many good errors do not result in an action in a malpractice suit.

To successfully bring an action for medical malpractice, the plaintiff must prove that the doctor violated the standard of care in diagnosing the condition. The lawyer representing the plaintiff needs to prove that the doctor's error directly triggered an injury.

The litigation process of medical malpractice cases can be costly time-consuming, emotionally charged and lengthy. While the majority of medical malpractice cases are settled without trial, the attorneys for both parties and expert witnesses have to spend time and resources in negotiation, discovery, as well as trial preparation. In addition, doctors are often forced to pay the premiums for malpractice insurance while the claims process unfolds. These costs have prompted calls for reforms to tort law which would lower the costs of litigation and encourage more timely and fair settlements.

Errors in Treatment

When you visit a doctor or hospital to receive treatment, the medical attention you receive will be in accordance to the standard of care in your community. This includes accurate diagnosis and a suitable course of treatment, and a proper follow-up to ensure that your health improves. However, mistakes made by doctors, nurses and other medical personnel can be very serious and cause permanent injuries or death.

These mistakes can come in a variety forms. A hospital staff member may misread the chart of a patient and prescribe the wrong medication. This type of error is more common in emergency rooms in which staff are under pressure and their time is limited. This can also happen if the doctor treats a problem which is outside his or her expertise.

Other kinds of errors could include prescribing incorrect medications or giving patients the wrong dosage that could result in injury. These errors can be committed by pharmacists, doctors nurse practitioners, physician's assistants, and optometrists. They may also be caused by an inability to prescribe or recommend follow-up treatment necessary to treat the problem.

Medication mistakes can cause numerous serious injuries. For heart patients, the use of a blood thinner can lead to an extremely dangerous bleeding disorder. It may also trigger stroke. If you've suffered an injury or lost a loved one due to a medical mistake, it is crucial to consult with a skilled New York medical malpractice lawyer to determine if you can pursue compensation.

Negligence

If medical professionals or doctors do not adhere to accepted standards of care, they could be liable for carelessness. This can occur in many different settings, like hospitals, doctors' office, therapy clinics and nursing homes. If a physician violates these guidelines and a patient suffers permanent harm it could be necessary to compensate for the harm.

To prevail in a malpractice lawsuit the plaintiff has to demonstrate that the physician's lapse in their professional duties led to the injury. This is known as causation and it is a key part of the legal requirement. The breach must have been directly responsible for the injury. The damage that occurred must be quantifiable. For instance, medical malpractice lawsuit expenses or lost wages.

In cases of medical malpractice lawyers representing plaintiffs must also convince the juror that it is more likely than not that the physician's actions or inactions contributed to the damages sought. This can be a challenge because people's memory isn't always clear or they are affected by the arguments of the opposing side.

It is vital that the lawyer is aware of how the medical profession functions. This knowledge can assist in show that the breach of professional duty was the main cause of the patient's injuries. Medical malpractice cases can be filed in state or Federal courts, and they often involve expert witness who can describe the standard of care that was not met.

Punitive Damages

We assume that medical professionals will treat us with skill, care and professionalism. But mistakes can be serious and cause permanent injuries or even death. If these errors lead to wrongful death, the victims and their families may be entitled to compensation for damages they've suffered.

In wrongful death cases hospitals, doctors, nurses, physical therapists and pharmacists as well as diagnostic imaging technicians and manufacturers of medical equipment, are liable for suing. It is important to pursue all the parties involved, since multiple parties may be responsible. Victims should consult their New York medical negligence lawyers to determine which people or companies are responsible.

Punitive damages seek to penalize the defendant for their actions and prevent them from repeating their actions in the future. As opposed to compensatory damages that are designed to target specific harms, punitive damages can be applied to an entire class of people and they are typically reserved for extreme misconduct.

The first type of damages in the case of medical malpractice is reimbursement for actual financial losses, such as expenses for medical care and lost wages. Your New York medical negligence lawyer can assist you in determining the amount of your losses by providing expert testimony on what constitutes a violation of standard of care in the particular case's location and specialization. This is an essential step, because without the evidence you need to support your claim it may be dismissed during the initial hearing.