Medical Malpractice Attorneys

Medical professionals must comply with a certain standard of care for their patients. If a health care provider fails to adhere to this standard, and if the failure causes injury or complications for the patient, there could be grounds for a malpractice lawsuit.

A successful malpractice lawsuit can help pay for medical costs or reimburse lost wages and acknowledge discomfort and pain. Medical malpractice lawsuits aren't always straightforward.

Misdiagnosis

The misdiagnosis of a patient is among the most frequently filed medical malpractice claims. This type of case typically involves a healthcare professional mistakenly diagnosing a patient who has an injury or illness. For instance, a physician may diagnose a patient with pneumonia when the patient actually is suffering from staph. A mistake can have serious consequences, including death.

According to medical malpractice insurance companies the diagnosis-related malpractice claims make up for between 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. However medical malpractice claims data isn't extensive and may be biased toward more severe mistakes. In addition, claims frequently expire or are dismissed without being paid and many meritorious errors won't result in a malpractice lawsuit.

A plaintiff must prove 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. The lawyer for the plaintiff must show that the doctor's mistake directly triggered an injury.

The litigation process in a medical malpractice lawsuit can be long-winded, costly and emotionally demanding. Although the majority malpractice cases settle without trial, the attorneys for both parties and expert witnesses must spend time and money on negotiation, discovery, as well as trial preparation. Physicians are also often required to pay for their malpractice insurance as the claims process is unfolding. This has led to calls for reforms to the tort system which would lower the cost of litigation and help to encourage quicker and fair settlements.

Errors in Treatment

You expect that when you visit a doctor or hospital for treatment, the care you receive will be in line with the standard of care in your area. This includes proper diagnosis, a reasonable treatment plan and appropriate follow-up to ensure your health improves. However, mistakes made by nurses, doctors, and other medical professionals can be devastating and cause permanent injuries, or even death.

These errors can take on a variety of forms. For instance staff members at hospitals may misread a patient's medical chart and give the wrong medication. This type of error is most common in emergency rooms where staff are under pressure and time is a problem. It could also occur when a physician is treating an issue outside of his or her area of expertise.

Other kinds of errors could include prescribing the wrong medication or prescribing the wrong dosage to patients which could cause injury. These errors can be committed by pharmacists, doctors nurse practitioners, physician's assistants and optometrists. They can also involve the failure to prescribe or recommend follow-up treatment required to correct the error.

Mistakes in medication can lead to various serious injuries. For instance, taking a blood thinner that is specifically designed for patients with heart problems could result in a risky bleeding disorder or cause a patient to suffer a stroke. If you've suffered an injury or lost a loved one to a medical error it is vital to consult with a skilled New York medical malpractice lawyer to determine if you can seek compensation.

Negligence

If medical professionals or doctors do not follow accepted standards of care, they may be liable for negligence. This can happen in many places, such as hospitals, doctors' offices, therapy clinics and nursing homes. If a doctor does not adhere to these guidelines and a patient suffers permanent harm, they could be required to compensate for this harm.

In order to win a malpractice claim the plaintiff must prove that the doctor's negligence in performing his professional duties led to his or her injuries. Causation is a legal norm that is crucial. The breach must be a direct cause for the injury, and the damages must be quantifiable.

In the case of medical malpractice the attorney representing the plaintiff must also convince the jury that it is more probable than not that the physician's actions or inaction caused the damages sought. This is a challenging job since people aren't always able to recall their actions or are guided by their beliefs about the case that the other side will argue.

It is also important that the lawyer has a thorough understanding of the medical profession and how it functions. This knowledge can be used to prove that the breach in professional duty caused the patient's injury. medical malpractice attorney malpractice cases are filed in state or federal courts. They often have expert witnesses who demonstrate how the standard of care was violated.

Punitive Damages

We are often under the impression that medical professionals will provide us with the best care and professionalism. But serious errors can occur, leading to lifelong injuries or even death. If these errors lead to wrongful death, victims and their families could be entitled to compensation for injuries they've suffered.

In cases of wrongful death, there are lawsuits against hospitals, doctors nurses, physical therapists pharmacists diagnostic imaging technicians and even the manufacturers of medical equipment. Since multiple parties could be responsible it is often recommended for victims to make claims against them all in conjunction with their New York Medical Malpractice Attorney malpractice lawyers to determine which individuals or businesses need to be sued.

Punitive damages aim at punishing the defendant for their actions and deter them from repeating the same mistake in the future. As opposed to compensatory damages that are intended to address specific damages, punitive damages can be applied to a broad class of people, and they are typically reserved for the most serious of violations.

In a case of medical malpractice the first class of damages is the 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 expert testimony regarding what constitutes a breach of standards of care in the specific area of your case as well as in the specialty. This is a crucial step since without this evidence, your case could be dismissed at the preliminary hearing level.