Medical Malpractice Attorneys

Medical professionals must meet a standard of care when treating their patients. If a health professional does not meet this standard and this breach causes injuries or complications to the patient, it could be cause for a claim for negligence.

A successful malpractice lawsuit may aid in the payment of medical expenses and also reimburse lost wages and acknowledge pain and discomfort. However, medical malpractice lawsuits are often complicated.

Misdiagnosis

medical malpractice law firms malpractice lawsuits involving misdiagnosis are not uncommon. This type of claim usually involves a healthcare provider mistakenly diagnosing a patient who has an illness or injury. For instance, a doctor might diagnose a patient with pneumonia, but the patient actually suffers from staph. A mistake can have serious consequences, including death.

According to medical malpractice insurance companies, claims related to diagnosis represent between 9 and lawsuits 10 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. Medical malpractice claims are not as extensive and lawsuits may be biased towards more severe errors. Most claims are shut down or not paid, and many meritorious mistakes are not likely to result in the filing of a malpractice lawsuit.

A plaintiff must prove, in order to win a case for medical malpractice, that the doctor failed to follow the standard of care when diagnosing the condition. The lawyer representing the plaintiff needs to show that the doctor's mistake directly led to an injury.

The process of bringing medical malpractice lawsuits can be time-consuming, expensive and emotionally demanding. Although the majority of medical malpractice claims are settled out of court attorneys and expert witnesses need to invest time and money on discovery, negotiations, and trial preparation. Physicians are often required to pay their malpractice premiums when the claims process is unfolding. These costs have led 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 malpractice law firm attention you receive will be in accordance to the standard of care in your community. This includes a clear diagnosis and a reasonable treatment plan and adequate follow-up in order to ensure that your health improves. However, errors made by nurses, doctors or other medical personnel can be very serious and cause permanent injuries or death.

These mistakes can take a variety of forms. For instance an employee of a hospital might misread a patient's chart and then administer the incorrect medication. This kind of error typically occurs in emergency rooms, where there is a short time frame and staff members are pressured to deliver fast service. It could also occur when a doctor treats a condition outside their area of expertise.

Other types of mistakes include prescribing incorrect medications or prescribing patients with the wrong dosage that could result in injury. These errors can be made by doctors, nurse practitioners and pharmacists, physician assistants and optometrists. These errors could also result in the failure to recommend or prescribe the necessary follow-up procedure to rectify the error.

Incorrect medication can cause numerous serious injuries. For instance, consuming the wrong blood thinner actually intended for heart patients could result in a risky bleeding disorder or cause a patient to suffer a stroke. If you or someone you love was injured by an error made by a doctor and you are concerned about the consequences, consult an experienced New York medical negligence lawyer to determine whether you can be eligible for compensation.

Negligence

Negligence can result of medical professionals who do not adhere to accepted standards. This can occur in a variety of settings, like hospitals, doctor's office, therapy clinics and nursing homes. If a physician fails to meet those standards and a patient suffers permanent harm the doctor may be required to compensate for the harm.

To prevail in a malpractice case the plaintiff must prove that the physician's breach of professional obligations caused his or her injuries. This is referred to as causation and is a crucial part of the legal requirement. The breach must be a direct cause for the injury, and the damage must be quantifiable.

In the case of medical malpractice attorneys representing the plaintiff must also convince the jury that it is more probable than not that the physician's decision or inaction resulted in the damages sought. This can be a difficult task since people aren't always in a clear mind or are in awe of what they believe that the opposing side is going to argue.

It is important that the lawyer also has a thorough understanding of how the medical profession operates. This knowledge can be used to show that the breach of professional duty caused the patient's injury. Medical malpractice cases are filed in federal or state courts, and typically involve expert witnesses who can explain how the standard of care was not met.

Punitive Damages

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

These cases could involve lawsuits against hospitals, doctors nurses, physical therapists, pharmacists and diagnostic imaging technicians and even manufacturers of medical equipment. It is essential to sue all the parties involved, since several parties could be at fault. Victims must consult with their New York medical negligence lawyers to determine which people or companies are responsible.

Punitive damages aim to punish the defendant for their actions and prevent them from repeating the same conduct in the future. In contrast to compensatory damages, which are intended to remedy specific harms the punitive damages may be applied to a broad group of people, and they are typically reserved for those who have committed serious misconduct.

The primary category of damages in medical malpractice lawsuits is reimbursement for actual financial losses, including the cost of medical treatment and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by presenting an expert's opinion on what constitutes a breach of standard of care in the specific area of your case as well as in the specialty. This is a crucial step, because without the evidence you need to support your claim it may be dismissed during the initial hearing.