Medical Malpractice Attorneys

Medical professionals must meet a certain standard of care when caring for their patients. If a medical professional does not adhere to this standard, and the failure results in injuries or complications to the patient, it could be grounds for a lawsuit for malpractice.

A successful malpractice suit could help pay for medical costs, reimburse lost wages, as well as acknowledge pain and discomfort. Medical malpractice claims can be complex.

Incorrect diagnosis

Medical malpractice lawsuits involving misdiagnosis are quite common. This type of case is typically filed by a healthcare doctor who fails to correctly diagnose a patient's illness or injury. A doctor might diagnose a patient with pneumonia when in fact the patient is suffering from staph. A misdiagnosis can have grave consequences for the patient, including death.

According to medical malpractice lawsuit malpractice insurance companies, diagnosis-related claims comprise between 9 percent and 91 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. Medical malpractice claims data are limited and could be biased towards more serious errors. In addition, claims frequently expire or are closed without being paid and a large number of errors that are meritorious do not result in a malpractice lawsuit.

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

The process of bringing medical malpractice lawsuits can be lengthy, costly and emotionally demanding. Even though the majority medical malpractice cases are settled outside of court, attorneys and expert witnesses are required to invest time and money on discovery, negotiations and trial preparation. Doctors are also often required to pay their malpractice costs when the claims process progresses. These expenses have led to calls for tort reform that would cut down on the cost of litigation and help to encourage faster and more fair settlements.

Treatment Errors

When you visit a doctor or hospital for treatment, the medical attention you receive will be in line with the standards of practice in your locality. This includes a correct diagnosis and treatment, a reasonable course of treatment and adequate follow-up to ensure that your health improves. However, errors made by nurses, doctors, and other medical personnel can be severe and result in permanent injuries or even death.

These mistakes can come in a variety forms. A hospital staff member may not understand the chart of a patient and prescribe the wrong medication. This type of error is usually seen in emergency rooms, where staff are under pressure and their time is a problem. It could also happen when a doctor is treating an issue outside of their area of expertise.

Other types of errors include prescribing the wrong drugs or giving patients a wrong dosage that causes injuries. These errors can be committed by pharmacists, doctors nurse practitioners, physician's assistants, and optometrists. These errors can also include the failure to suggest or prescribe the required follow-up procedure to fix the mistake.

Medication mistakes can cause a variety of serious injuries. For example, taking the wrong blood thinner specifically designed for patients with heart problems could result in a risky bleeding disorder or result in a stroke. If you or someone you love is injured as a result of an error in medical care, you should consult an experienced New York medical negligence lawyer for advice on whether you are able to claim compensation.

Negligence

When medical professionals or doctors fail to adhere to accepted standards of care, they could be liable for negligence. This can happen in many settings, including hospitals, therapy clinics, doctor's offices, and nursing homes. If a doctor violates these guidelines and the patient is permanently hurt, they could be required to compensate for the harm.

To prevail in a malpractice lawsuit the party who was injured must prove that the physician's negligence in performing his professional duties led to his or her injuries. This is referred to as causation and is a crucial aspect of the legal norm. The breach must have been a direct cause of the injury and the damage that was caused must be quantifiable. This includes medical or lost wages.

In cases involving medical malpractice the attorney representing the plaintiff must also convince the jury that it is more probable than not that the doctor's decision or inaction resulted in the damages alleged. This can be a difficult job since people aren't always in a clear mind or are affected by the opinions that the opposing side will say.

It is vital that the lawyer also is aware of how the medical profession operates. This knowledge can be used to prove that the breach in professional duty caused the patient's injury. Medical malpractice cases can be filed in Federal or state courts, and they often require expert witnesses to define the standard of medical care that was breached.

Punitive Damages

We tend to assume that we can trust medical professionals to treat us with expertise and care. However, mistakes of a serious nature can occur and cause permanent injuries or even death. If the errors cause a wrongful demise, the victims and their families may be entitled to compensation for loss they've suffered.

The wrongful death case can involve claims against hospitals, doctors nurses, physical therapists pharmacists and diagnostic imaging technicians and even manufacturers of medical equipment. Since several parties could be involved, it's often advisable for victims to make claims against all of them while working with their New York medical malpractice lawyers to determine which persons or businesses should be sued.

Punitive damages aim at punishing the defendant for their actions and prevent them from repeating the same mistake in the future. Punitive damages aren't limited to specific ailments. They can be applied to any class of people and are only available for extreme misconduct.

In a case of medical malpractice, the first category of damages is reimbursement for financial losses. This includes medical expenses and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by providing an expert opinion on what constitutes a breach of standard of care within the area of your case and in the field of specialization. This is a crucial step because without this evidence, your claim could be dismissed at the preliminary hearing.