Medical Malpractice Attorneys

Medical professionals must follow a certain standard of care when treating their patients. If a health-care provider fails to adhere to this standard, and if the failure results in injuries or other complications for the patient, there may be grounds for a malpractice claim.

A successful malpractice case could help pay for medical costs as well as pay back lost wages and acknowledge pain and discomfort. However, medical malpractice claims are often complicated.

The wrong diagnosis

Medical malpractice lawsuits involving misdiagnosis are not uncommon. This type of claim usually involves a healthcare provider incorrectly diagnosing a patient with an illness or injury. A doctor may diagnose a patient with pneumonia, but in reality the patient has staph. A misdiagnosis could cause serious consequences for the patient, including death.

According to medical malpractice insurers, diagnosis-related malpractice claims account for between 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. Medical malpractice claims are not as extensive and may be biased towards more severe mistakes. Claimants are typically dismissed or lapsed without payment and a lot of good mistakes won't result in the filing of a malpractice lawsuit.

A plaintiff must show that, in order to prevail on an action for medical malpractice that the doctor didn't follow the standard of care when diagnosing the condition. The lawyer representing the plaintiff must prove that the doctor's error directly triggered an injury.

The litigation process in medical malpractice cases can be costly emotional, time-consuming, and stressful. Even though the majority medical malpractice cases are settled outside of court lawyers and expert witnesses have to spend time and money on negotiations, discovery and trial preparation. Additionally, doctors are often forced to pay the premiums for malpractice insurance as the claims process proceeds. These expenses have prompted some to call for tort reform that could reduce the amount and promote more timely settlements.

Errors in Treatment

When you visit a physician or hospital for treatment, you expect to receive medical attention that is in accordance with the standard standards of practice within your area. This includes a correct diagnosis, a reasonable course of treatment, and a proper follow-up to ensure your health improves. However, errors made by doctors, nurses and other medical professionals could be fatal and lead to permanent injuries or even death.

These errors may take many forms. A hospital employee could miss-read the patient's chart and administer the incorrect medication. This kind of error typically occurs in emergency rooms where time is limited and overworked staff members are pressured to offer quick service. It can also happen if the doctor treats a problem that is outside of his or her expertise.

Other types of errors include prescribing incorrect medications or giving patients the wrong dose which could cause injuries. These mistakes can be made by doctors, pharmacists, nurse practitioners, physician's assistants and optometrists. These errors can also include the failure to suggest or prescribe the necessary follow-up procedure to correct the error.

Incorrect medication can result in various serious injuries. For example, taking an anticoagulant that is specifically designed for heart patients can cause a bleeding disorder or cause the patient to experience stroke. If you or a loved one has been injured by an error in medical care it is recommended that you consult an experienced New York medical negligence lawyer to determine if you're eligible to claim compensation.

Negligence

If medical Malpractice attorney professionals or doctors fail to follow accepted standards of care, they could be found guilty of carelessness. This can happen in a variety of settings, such as hospitals, doctor's office, therapy clinics, and nursing homes. If a doctor fails to adhere to these guidelines and a patient suffers permanent harm, they could be required to pay for the damage.

To prevail in a malpractice case, the injured party must show that the physician's negligence in performing his professional duties led to his or her injuries. Causation is a legal standard that is essential. The breach must be directly responsible for the injury and the damage that occurred must be quantifiable, such as medical or Medical Malpractice Attorney lost wages.

In cases involving medical malpractice, the plaintiff's attorney must also convince jurors that it is more likely than not that the physician's actions or inaction caused the damages alleged. This can be a challenge since people's memories may not be always clear, or they are dependent on the arguments of the opposing side.

It is vital that the lawyer also is knowledgeable of how the medical profession works. This knowledge can assist in prove that the breach of professional duty was a direct cause of the patient's injuries. Medical malpractice cases are filed in federal or state courts, and usually have expert witnesses who demonstrate how the standard of care was not met.

Punitive Damages

We take for granted that we can trust medical professionals to treat us with competence and care. A mistake can lead to serious injuries, or even death. If the errors cause wrongful death, the victims and their families may be entitled to compensation for damages they've suffered.

In wrongful death cases hospitals, doctors, nurses as well as pharmacists and physical therapists, as well as diagnostic imaging technicians, as well as manufacturers of medical equipment, can be sued. It is important to pursue everyone involved since there could be multiple parties responsible. Victims should work with their New York medical negligence lawyers to determine who or which businesses are responsible.

Punitive damages are designed to punish the defendant and deter them from engaging in similar behavior in the future. Contrary to compensatory damages which are intended to remedy specific damages the punitive damages may be applied to an entire group of people, and they are usually reserved for those who have committed serious misconduct.

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