Medical Malpractice Attorneys

Medical professionals have to meet a certain standard of care for their patients. If a health-care provider does not adhere to this standard, and if the failure results in injuries or other complications for the patient, there could be grounds for a malpractice lawsuit.

A successful malpractice lawsuit could aid in paying medical expenses as well as recoup lost wages and acknowledge pain and suffering. Medical malpractice lawsuits can be a bit complicated.

Misdiagnosis

The misdiagnosis of a patient is among the most frequently filed medical malpractice claims. This type of case is typically brought by a health care doctor who fails to correctly diagnose an injury or illness of a patient. For instance, a physician may diagnose a patient with pneumonia when the patient actually has a staph infection. A misdiagnosis can have serious consequences, such as death.

According to medical malpractice insurance companies 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 comparatively small and could be biased towards more serious errors. Claims are often closed or lapse without payment and many good errors won't result in a malpractice suit.

In order to be successful in bringing a medical malpractice claim the plaintiff must demonstrate that the doctor violated the standard of care in diagnosing the condition. The lawyer representing the plaintiff must prove that the doctor's error directly led to 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 invest time and money in negotiations, discovery, and trial preparation. In addition, physicians are often required to pay the premiums for malpractice insurance as the claims process proceeds. These expenses have led to demands for reforms in tort law, which would reduce the costs of litigation and encourage more timely and fair settlements.

Errors in Treatment

When you visit a doctor or hospital to receive treatment, you are expected to receive medical attention that is consistent with the established standards of practice in your local area. This includes accurate diagnosis and a sensible course of treatment, and a proper follow-up to ensure that your health improves. However, mistakes made by doctors, nurses and other medical professionals can be extremely serious and cause permanent injuries or even death.

These mistakes can come in a variety forms. For instance, a hospital staff member may misread a patient's medical chart and then administer 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 could also happen when an ER doctor is treating a condition which is outside their expertise.

Other kinds of errors could include prescribing wrong medications or giving patients the wrong dose that can cause injury. These mistakes can be made by nurse practitioners, doctors as well as pharmacists, physician assistants and optometrists. These mistakes can also be a result of failing to recommend or prescribe the required follow-up procedure to correct the error.

Mistakes in medication can cause many serious injuries. Taken by heart patients, a blood thinner can trigger a serious bleeding disorder. It can also trigger a stroke. If you or a loved one has been injured by a medical mistake, you should consult an experienced New York medical negligence lawyer for advice on whether you are able to pursue compensation.

Negligence

If medical professionals or doctors do not follow accepted standards of care, they could be found guilty of negligence. This can occur in a variety of settings, including hospitals, doctor's office, therapy clinics and nursing homes. If a physician violates those standards and the patient suffers lasting harm they could be required to compensate for the injury.

To prevail in a malpractice lawsuit the party who was injured has to show that the doctor's breach in professional duties led to the injury. This is referred to as causation and is a vital element of the legal standard. The breach must have been a direct cause of the injury. The damage that was caused must be quantifiable. This includes medical or lost wages.

In cases of medical malpractice lawyers representing plaintiffs must convince jurors that it is more likely than not that a physician's actions or inactions caused the damages sought. This can be a difficult task as people are not always in the clear or Medical Malpractice Lawyers are guided by their beliefs about the case that the other side will argue.

It is also important that the lawyer has a deep knowledge of the medical profession and how it functions. This knowledge can be used to show that the breach of professional duties led to the patient's injury. Medical malpractice cases can be brought in Federal or State courts, and usually require expert witnesses to define the standard of medical care that was violated.

Punitive Damages

We believe that medical professionals will treat us with skill, care and professionalism. However, mistakes of a serious nature can occur, leading to lifelong injuries or even death. If these errors cause an unintentional death, the victims and their family members may be entitled to compensation for the losses they've suffered.

Wrongful death cases can include lawsuits against hospitals, doctors nurses, medical malpractice lawyers physical therapists, pharmacists diagnostic imaging technicians and even manufacturers of medical equipment. Because multiple parties could be at fault it's usually recommended for victims to claim against them all while working with their New York medical malpractice lawyers to determine which individuals or companies need to be sued.

Punitive damages are designed to punish the defendant for their actions and deter them from repeating the same behavior in the future. As opposed to compensatory damages that are intended to remedy specific damages they can be applied to a whole class of people and they are usually reserved for extreme misconduct.

In a case of medical malpractice the first class of damages is reimbursement for financial losses. This includes medical costs and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by presenting an expert's opinion on what constitutes a breach of standard of care within your case's locality and specialty. This is an essential step, because without the evidence to prove your claim, it could be dismissed during the initial hearing.