Medical Malpractice Attorneys

Medical professionals must meet a certain standard of care in their care of patients. If a health care provider fails to adhere to this standard and results in injuries or complications for the patient, there could be grounds for a malpractice claim.

A successful malpractice suit could help pay for medical costs and also reimburse lost wages and acknowledge discomfort and pain. However, medical malpractice lawsuits are often complicated.

Misdiagnosis

Medical malpractice claims involving incorrect diagnosis are common. This type of claim is usually brought by a health care provider who incorrectly diagnoses the patient's condition or injury. For instance, a physician may diagnose a patient with pneumonia when the patient actually has staph infection. A mistake in diagnosis can have grave consequences, such as death.

According to medical malpractice insurance companies, claims related to diagnosis comprise between 9 and 9 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. Medical malpractice claims data are not comprehensive and may be biased towards more severe errors. Claimants are typically closed or lapse without payment and many good errors do not result in an action in a malpractice suit.

To successfully bring a medical malpractice claim, the plaintiff must prove that the doctor did not follow the standard of care in diagnosing the condition. The lawyer for the plaintiff must demonstrate that the doctor's error directly caused an actual injury.

The litigation process in a medical malpractice case can be costly emotional, time-consuming, and stressful. While the majority of medical malpractice cases are settled in court, attorneys representing both parties as well as expert witnesses have to spend time and money on negotiation, discovery, as well as trial preparation. Physicians are also frequently required to pay their malpractice costs while the claims process is unfolding. These costs have prompted calls for tort reform that would cut down on the cost of litigation and help to encourage quicker and fair settlements.

Errors in Treatment

You expect that when you visit a physician or hospital to receive treatment, the medical attention you receive will be in accordance with the standards of practice in your community. This includes a clear diagnosis and a reasonable treatment plan and adequate follow-up in order to ensure that your health improves. However, mistakes by nurses, doctors, and other medical personnel can be devastating and result in permanent injuries or even death.

These mistakes can come in a variety forms. For instance, a hospital staff member might misread a patient's chart and administer 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 deliver fast service. This can also happen if a doctor treats a condition which is outside his or her expertise.

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

Incorrect medication can result in various serious injuries. For instance, consuming a blood thinner that is actually intended for heart patients could lead to a dangerous bleeding disorder or cause the patient to experience a stroke. If you have suffered an injury or lost a loved one due to a medical error it is vital to consult with an experienced New York medical malpractice lawyer to determine if you're eligible to seek compensation.

Negligence

Negligence could be the result of doctors or medical professionals failing to follow accepted standards. This can occur in a variety of situations, including hospitals, doctors' offices, therapy clinics, and nursing homes. If a physician violates these guidelines and a patient is permanently hurt they may be required to pay for the damage.

To prevail in a malpractice lawsuit, the injured party must demonstrate that the physician's lapse in their professional duties led to the injuries. Causation is a legal norm that is essential. The breach must be a direct cause of the injury, and the damage must be quantifiable.

In the case of medical malpractice attorneys representing the plaintiff must also convince jurors that it is more probable than not that the physician's action or inaction led to the damages demanded. This can be a challenge since people's memories may not be always crystal clear or are influenced by the arguments of the opposing side.

It is also crucial that the lawyer has a strong knowledge of the medical profession and the way it functions. This knowledge can be used to show that the breach of professional duty led to the patient's injury. Medical malpractice cases can be filed in Federal or state courts, and often require an expert witness to provide the standard of care that was not met.

Punitive Damages

We are often under the impression that medical professionals will treat us with skill, care and professionalism. Serious errors can lead to serious injuries or even death. If those errors result in an unjust death, the victims and their families may be entitled compensation for the losses that they have suffered.

These cases could involve lawsuits against hospitals, doctors nurses, physical therapists, pharmacists, diagnostic imaging technicians, and even the manufacturers of medical equipment. Because multiple parties could be responsible in a case, it's generally recommended for victims to file claims against them all, working with their New York medical malpractice lawyers to determine which people or companies should be sued.

Punitive damages aim to punish the defendant for their actions and discourage them from repeating the same conduct in the future. Punitive damages aren't limited to specific ailments. They can be applied to a broad category of people and are reserved for the most serious violations.

In a case of medical malpractice, the first category of damages is compensation for financial losses. This includes medical expenses and lost wages. Your New York medical negligence lawyer can assist you in determining the amount of your damages by providing expert testimony about what is considered to be a violation of standard of care in the particular case's location and specialty. This is a crucial step since without this evidence, your claim could be dismissed at the preliminary hearing.