Medical Malpractice Attorneys

Medical professionals must comply with the highest standards of care in their care of patients. If a health care provider does not adhere to this standard and this negligence causes injuries or complications to the patient, it could be cause for a claim for negligence.

A successful malpractice lawsuit may help to pay for medical expenses, reimburse lost wages, as well as acknowledge pain and discomfort. However, medical malpractice lawsuits are often complicated.

Undiagnosed

Medical malpractice claims that involve misdiagnosis are common. This type of case typically involves a healthcare provider incorrectly diagnosing a patient with an illness or injury. A doctor might diagnose a patient with pneumonia, when in reality the patient has staph. A misdiagnosis can have grave consequences for the patient, including death.

According to medical malpractice insurers medical malpractice insurers, diagnosis-related malpractice claims account for between 9 percent (obstetrics) and 61% (pediatrics) of their total claims. Medical malpractice claims are not as extensive and may be biased towards more serious errors. Furthermore, many claims fall through or are dismissed without payment and a lot of meritorious mistakes won't result in a malpractice lawsuit.

A plaintiff must show, in order to win a claim for medical malpractice that the doctor didn't follow the standard of care when diagnosing the condition. A plaintiff's lawyer must also show that the doctor's mistake directly led to an injury.

The process of bringing a medical malpractice lawsuit can be time-consuming, expensive and emotionally intense. Although a majority of medical malpractice cases are settled out of court, the attorneys for both parties and experts have to devote time and resources on negotiation, discovery, and trial preparation. In addition, doctors are often required to pay for their malpractice insurance premiums as the claims process progresses. These costs have led some to advocate for reforms to tort law that could reduce the amount and speed up settlements.

Errors in Treatment

When you visit a doctor or hospital to receive treatment, you are expected to receive medical treatment that is in accordance with the standard guidelines of practice in your community. This includes a proper diagnosis, a reasonable treatment plan and proper follow-up to ensure that your health improves. However, errors made by doctors, nurses and other medical staff can be extremely serious and result in permanent injuries or even death.

These errors can take many forms. A hospital staff member could miss-read the patient's chart and give the wrong medication. This type of error is most common in emergency rooms where staff members are under pressure and time is limited. It could also happen when a physician treats an issue that is outside of his or her area of specialization.

Other types of errors include prescribing the wrong medication or prescribing the wrong dosage to patients that can cause injury. These mistakes can be committed by doctors, nurse practitioners, physician assistants, pharmacists and optometrists. These mistakes can also be a result of the failure to recommend or prescribe the appropriate follow-up procedure to fix the mistake.

Medication mistakes can cause numerous serious injuries. For heart patients, a blood thinner can trigger a serious bleeding disorder. It could also lead to stroke. If you've suffered an injury or lost your loved ones due to a medical error it is essential to consult with a skilled New York medical malpractice lawyer to determine whether you can seek compensation.

Negligence

Negligence could be the result of medical professionals who do not adhere to accepted standards. This could happen in a variety situations, including hospitals, therapy clinics, doctor's offices and nursing homes. If a physician fails to meet those standards and the patient is harmed for a long time the doctor may be required to compensate the victim for the harm.

To win a malpractice case the person who suffered the injury must prove that a 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 a direct cause for the injury, and the damage must be quantifiable.

In the case of medical malpractice the attorney representing the plaintiff must also convince the jury that it is more likely than not that the doctor's actions or inaction caused the damages alleged. This can be challenging because people's memory isn't always crystal clear or are dependent on the arguments of the other side.

It is also essential that the lawyer has a solid understanding of the medical profession and how it operates. This knowledge will help establish that the breach of professional duty was the primary cause of the patient's injuries. Medical malpractice cases can be filed in Federal or state courts, and usually require expert witnesses to define the standard of medical care that was violated.

Punitive Damages

We are often conditioned to believe that we can trust medical professionals to treat us with competence and care. But serious errors can occur that can cause life-long injuries or even death. If these errors lead to wrongful death, the victims and their families could be entitled compensation for the injuries they've suffered.

The wrongful death case can involve lawsuits against hospitals, doctors, nurses, physical therapists, pharmacists diagnostic imaging technicians and even manufacturers of medical equipment. Because multiple parties could be at fault, it's often advisable for victims to file 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 are intended to punish the offender and deter them from engaging in similar behavior in the future. In contrast to compensatory damages, which are designed to target specific harms they can be applied to an entire group of people, and they are usually reserved for cases of extreme misconduct.

The first category of damages in the case of medical malpractice is the reimbursement for 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 loss by providing expert testimony on what constitutes a breach of standards of care in your particular area and specialization. This is a crucial step, because without the evidence you need to prove your claim, it may be dismissed during the initial hearing.