Medical Malpractice Attorneys

Medical professionals have to meet an established standard of care for 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 lawsuit.

A successful malpractice lawsuit can help pay for medical expenses as well as recoup lost wages and acknowledge pain and suffering. However, medical malpractice lawsuits are often complicated.

Misdiagnosis

Misdiagnosis is one of the most frequently filed medical malpractice claims. This type of claim usually involves a healthcare provider incorrectly diagnosing a patient with an injury or illness. A physician might diagnose a patient with pneumonia, but in reality the patient has staph. A mistake in diagnosis could have serious consequences for the patient including death.

According to medical malpractice insurance companies the diagnosis-related malpractice claims make up for between 9 percent (obstetrics) and 61% (pediatrics) of their total claims. Medical malpractice claims data are limited and could be biased towards more serious errors. Claimants are typically shut down or not paid and a lot of good mistakes are not likely to result in an action in a malpractice suit.

A plaintiff must prove that, in order to be successful in a claim for medical malpractice that the doctor didn't follow the standard of care when diagnosing the condition. The lawyer for the plaintiff must prove that the doctor's error directly caused injury.

The process of bringing medical malpractice cases can be long-winded, costly and emotionally demanding. Although the majority of medical malpractice cases settle in court, attorneys representing both parties as well as expert witnesses must spend time and resources in negotiations, discovery, and trial preparation. Physicians are often required to pay for their malpractice insurance while the claims process progresses. This has led to calls for reforms to tort law, which would reduce the cost of litigation as well as encourage faster and more fair settlements.

Errors in Treatment

When you visit a doctor or firms hospital to receive treatment, you are expected to receive medical treatment that is in accordance with the standard practices in your area. This includes proper diagnosis, a reasonable treatment plan, and the proper follow-up to ensure your health improves. However, mistakes made by doctors, nurses and other medical personnel can be serious and lead to permanent injuries or even death.

These mistakes can take a variety of forms. For example an employee of a hospital might misread a patient's chart and give the incorrect medication. This type of error usually occurs in emergency rooms where there is a short time frame and staff members are pressured to provide fast service. It can also happen if the doctor treats a problem which is outside his or her area of expertise.

Other types of errors comprise prescribing the wrong medication or giving patients an incorrect dosage that results in injury. These errors can be made by nurse practitioners, doctors, physician assistants, pharmacists and optometrists. These mistakes can also be a result of the failure to recommend or prescribe the required follow-up procedure to rectify the error.

Medication errors can lead to various serious injuries. For instance, taking an anticoagulant that is specifically designed for heart patients can cause a bleeding disorder or result in stroke. If you or someone you love has been injured by an error in medical care and you are concerned about the consequences, consult an experienced New York medical negligence lawyer for advice on whether you are able to pursue compensation.

Negligence

Negligence can be a result of doctors or medical professionals failing to follow accepted standards. This can happen in many settings, including hospitals, doctors' offices, therapy clinics, and nursing homes. If a doctor fails to adhere to these standards and the patient suffers permanent harm it could be a requirement to pay compensation for that injury.

In order to win a malpractice case the party who was injured must show that the doctor's breach in professional obligations caused the injury. This is called causation and it is a key part of the legal standard. The breach must be a direct cause of the injury. The damage that was caused must be quantifiable, for example, medical expenses or lost wages.

In the case of medical malpractice lawyers representing the plaintiff have to also convince jurors that it is more probable than not that the doctor's action or inaction led to the damages sought. This can be a challenge since people's memories may not be always clear, or they are affected by the arguments of the opposing side.

It is essential that the lawyer is aware of how the medical profession works. This knowledge can assist in demonstrate that the breach of professional duty was the main cause of the patient's injuries. Medical malpractice cases are filed in state or federal courts, and usually include expert witnesses who provide evidence of how the standard care was not met.

Punitive Damages

We assume that medical professionals will provide us with the best care and professionalism. But serious errors can occur which can lead to permanent injuries or even death. If these errors cause an unintentional death, the victim and their families could be entitled to compensation for the losses they've suffered.

The wrongful death case can involve claims against doctors, firms hospitals nurses, physical therapists, pharmacists diagnostic imaging technicians and even manufacturers of medical equipment. It is important to pursue all the parties involved, since many parties could be responsible. Victims should consult their New York medical negligence lawyers to determine which people or firms are accountable.

Punitive damages are designed to punish the defendant for their conduct and discourage them from repeating the same conduct in the future. In contrast to compensatory damages, which are designed to target specific harms the punitive damages may be applied to a whole category of people, but they are usually reserved for cases of extreme misconduct.

The primary type of damages in the medical malpractice lawsuit is the reimbursement for actual financial losses, including medical costs and lost wages. Your New York medical malpractice lawyer negligence lawyer can assist you in determining the amount of your damages by presenting expert testimony on what constitutes a breach of standard of care in the case's location and specialty. This is a crucial step, because without the evidence you require to prove your claim, it could be dismissed during the preliminary hearing.