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Medical professionals must adhere to a certain standard of care for their patients. If a medical professional fails to adhere this standard, and this failure results in injuries or complications to the patient, it may be grounds for a lawsuit for malpractice.
A successful malpractice lawsuit may help pay for medical costs or reimburse lost wages and acknowledge pain and discomfort. Medical malpractice lawsuits aren't always straightforward.
Undiagnosed
Misdiagnosis is among the most frequently filed medical malpractice claims. This type of claim usually involves a health care provider incorrectly diagnosing a patient with an injury or illness. For instance, a doctor might diagnose a patient with pneumonia when the patient actually has staph infection. A misdiagnosis could cause serious consequences for the patient, including death.
According to medical malpractice insurance companies, claims related to diagnosis comprise between 9 percent and 91 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. However the information on medical malpractice claims is not extensive and could be biased toward more severe mistakes. Most claims are closed or lapse without payment and many erroneous mistakes won't result in a malpractice suit.
In order to be successful in bringing a medical malpractice claim, a plaintiff must prove that the doctor acted in violation of 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 process of bringing medical malpractice lawsuits can be lengthy, costly and emotionally intense. Even though the majority of medical malpractice claims are settled out of court lawyers and expert witnesses need to invest time and money in negotiations, 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 prompted some to advocate for tort reform, which would reduce the cost and speed up settlements.
Errors in Treatment
When you visit a doctor or hospital for treatment, you expect to receive medical treatment that conforms to the accepted standards of practice within your area. This includes a proper diagnosis and a reasonable treatment program and a proper follow-up to ensure that your health improves. However, mistakes by nurses, doctors and other medical professionals can be extremely serious and cause permanent injuries or even death.
These errors can take many forms. Hospital staff members could not understand the chart of a patient and administer the incorrect medication. This kind of error usually occurs in emergency rooms, where the time available is limited and staff members are under pressure to provide quick service. It could also occur when a doctor treats an illness that is not within the scope of expertise.
Other types of errors comprise prescribing the wrong medications or giving patients an incorrect dosage that results in injury. These errors can be committed by pharmacists, doctors nurse practitioners, physician's assistants and optometrists. These errors could also result in failing to recommend or prescribe the required follow-up procedure to fix the mistake.
Errors in the prescription process can cause many serious injuries. For heart patients, a blood thinner could cause bleeding disorders that are dangerous. It can also trigger stroke. If you or a loved one has been injured due to an error made by a doctor and you are concerned about the consequences, consult an experienced New York medical negligence lawyer to determine if you are eligible to pursue compensation.
Negligence
If medical professionals or doctors do not follow accepted standards of care, they may be found guilty of negligence. This can happen in a variety of places, such as hospitals, therapy clinics, doctor's offices, and nursing homes. If a doctor fails to adhere to these standards and a patient is harmed for a long time the doctor may be required to pay compensation for that injury.
To prevail in a malpractice case the party who was injured must prove that the physician's breach of professional duties caused his or her injuries. Causation is a legal requirement that is crucial. The breach must be the direct cause of the injury, and the damage must be quantifiable.
In cases involving medical malpractice, the plaintiff's attorney must also convince jurors that it is more likely than not that the doctor's action or inaction led to the damages alleged. This isn't easy because people's memories aren't always clear, or they are in the hands of the other side.
It is also important that the lawyer has a solid knowledge of the medical profession and how it operates. This understanding can help show that the breach of professional obligation was a primary cause of the patient's injuries. Medical malpractice cases are filed in federal or state courts and often include expert witnesses who describe how the standard of care was violated.
Punitive Damages
We assume that medical professionals will provide us with the best care and professionalism. A mistake can lead to serious injuries or even death. If these errors lead to wrongful death, victims and their families could be entitled to compensation for damages they've suffered.
These cases could involve lawsuits against hospitals, doctors nurses, physical therapists pharmacists and diagnostic imaging technicians and even the manufacturers of medical equipment. It's important to sue all the parties involved, since multiple parties may be responsible. Victims should consult their New York medical negligence lawyers to determine which people or firms are accountable.
Punitive damages aim to punish the defendant for their actions and deter them from repeating their actions in the future. In contrast to compensatory damages, which are designed to address specific damages, punitive damages can be applied to an entire class of people, and they are usually reserved for extreme misconduct.
The primary category of damages in medical malpractice lawsuits is the reimbursement for actual financial losses, such as expenses for medical treatment and lost wages. Your New York medical negligence lawyer can assist you in determining the amount of your losses by presenting an expert opinion on what constitutes a violation of the normal care for the case's location and specialization. This is a crucial step, because without the evidence to prove your claim, it could be dismissed during the initial hearing.
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