Medical Malpractice Attorneys

Medical professionals have to meet an exacting standard of care for their patients. If a health care provider is not able to meet this standard, and if the failure causes injuries or complications for the patient, there may be grounds for a malpractice lawsuit.

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

Incorrect diagnosis

Medical malpractice claims involving misdiagnosis are not uncommon. This type of claim usually involves a medical professional not correctly diagnosing a patient with an illness or injury. A doctor may diagnose a patient as having pneumonia, but in reality the patient has staph. A mistake can have serious consequences, such as death.

According to medical malpractice insurers the diagnosis-related malpractice claims make up for 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. However, medical malpractice claims data is limited and may be biased towards more serious errors. Claims are often shut down or not paid and a lot of good mistakes do not result in an action in a malpractice suit.

A plaintiff must demonstrate that, in order to prevail on a lawsuit for medical negligence that the doctor failed to follow the standard of care when diagnosing the condition. A lawyer representing the plaintiff must prove that the doctor's mistake caused injury.

The litigation process in a medical malpractice lawsuit is time-consuming, costly and emotionally demanding. Although the majority malpractice cases settle out of court, attorneys for both parties and expert witnesses must spend time and resources on negotiation, discovery, and trial preparation. In addition, doctors are often required to pay their malpractice insurance premiums while the claims process is in progress. These expenses have led some to advocate for tort reform, which will lower the cost and facilitate faster settlements.

Errors in Treatment

If you visit a doctor or hospital for treatment, you're expecting to receive medical treatment that is consistent with the established standards of practice within your area. This includes accurate diagnosis and a sensible course of treatment and adequate monitoring to ensure that your health improves. However, mistakes made by nurses, doctors, and other medical professionals can be extremely serious and cause permanent injuries or even death.

These mistakes can take a variety of forms. A hospital staff member may miss-read the patient's chart and then administer the wrong medication. This type of error is common in emergency rooms where staff are under pressure and their time is a problem. It could also occur when a doctor is treating a condition outside the scope of specialization.

Other types of errors comprise prescribing incorrect medications or medical malpractice Law firms giving patients an incorrect dosage that causes injury. These mistakes can be made by doctors, nurse practitioners or pharmacists, physician assistants, and optometrists. They can also result in failing to prescribe or recommend follow-up care required to correct the error.

Mistakes in medication can cause a wide range of serious injuries. For instance, taking the wrong blood thinner specifically designed for heart patients could cause a bleeding disorder or result in stroke. If you've suffered an injury or lost a loved one due to a medical error it is vital to speak with a seasoned New York medical malpractice lawyer to determine whether you can pursue compensation.

Negligence

Negligence can be a result of doctors or medical professionals failing to follow accepted standards. This could happen in a variety situations, including hospitals, doctor's offices, therapy clinics, and nursing homes. If a physician violates these guidelines and a patient is permanently hurt the doctor could be liable to compensate for the harm.

To win a malpractice claim the party who was injured must demonstrate that the physician's lapse in the discharge of professional duties caused the injuries. This is called causation and it is a key element of the legal standard. The breach has to be directly responsible for the injury and the damages that occurred must be quantifiable. For instance, Medical Malpractice Law Firms or lost wages.

In cases involving medical malpractice lawyers representing the plaintiff have to convince the jury that it is more likely than not that the doctor's action or inaction led to the damages alleged. This isn't easy since people's memories may not be always crystal clear or are affected by the arguments of the opposing side.

It is also important that the lawyer has a thorough understanding of the medical profession and how it operates. This knowledge will help demonstrate 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. They often have expert witnesses who provide evidence of how the standard medical care was not met.

Punitive Damages

We tend to assume that we can trust medical professionals to treat us with competence and care. Errors can cause serious injuries, or even death. If the errors cause a wrongful demise, the family members of the victims could be entitled compensation for the injuries they've suffered.

In cases of wrongful death hospitals, doctors and nurses as well as pharmacists, physical therapists and doctors, as well as diagnostic imaging technicians and manufacturers of medical equipment, are all liable to be sued. Because several parties could be involved in a case, it's generally recommended for victims to bring claims against them all in conjunction with their New York medical malpractice lawyers to determine which individuals or companies need to be sued.

Punitive damages seek to penalize the defendant for their actions and prevent them from repeating the same mistake in the future. Contrary to compensatory damages which are intended to remedy specific damages, punitive damages can be applied to a broad class of people and they are usually reserved for extreme misconduct.

In a case of medical malpractice the first type of damages is the reimbursement for financial losses. This includes medical expenses and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by providing an expert opinion on what constitutes a breach of the standard of care in the area of your case and in the field of specialization. This is an important step as without this evidence, your case could be denied at the preliminary hearing.