Medical Malpractice Attorneys

Medical professionals must adhere to an ethical standard when caring for their patients. If a health-care provider fails to adhere to this standard, and if the failure results in injuries or other complications for the patient, there could be grounds for a malpractice claim.

A successful malpractice suit could help pay for medical costs as well as pay back lost wages and acknowledge discomfort and pain. However, medical malpractice claims are often complicated.

Misdiagnosis

Misdiagnosis is among the most common medical malpractice claims. This type of claim is typically brought by a health care provider who incorrectly diagnoses an injury or illness in a patient. For instance, a doctor might diagnose a patient as having pneumonia when the patient actually has staph infection. A misdiagnosis can have grave consequences for the patient including death.

According to medical malpractice insurers medical malpractice insurers, diagnosis-related malpractice claims account for 9 percent (obstetrics) and 61% (pediatrics) of their total claims. However medical malpractice claims data is not extensive and could be biased toward more severe mistakes. Additionally, claims are often denied or are closed without being paid and many meritorious errors will never result in a malpractice lawsuit.

A plaintiff must prove, in order to win a lawsuit for medical negligence that the doctor did not adhere to the standard of care when diagnosing the condition. A plaintiff's attorney must also show that the doctor's error resulted in injury.

The litigation process in a medical malpractice lawsuit can be time-consuming, expensive and emotionally charged. Although a majority of medical malpractice cases settle out of court, attorneys for both parties and expert witnesses must spend time and resources in discovery, negotiation, and trial preparation. Additionally, doctors are often required to pay the malpractice insurance premiums while the claims process is in progress. These expenses have prompted some to call for tort reform that would reduce the cost and facilitate faster settlements.

Errors in Treatment

If you visit a doctor or hospital for treatment, you're expecting to receive medical care that complies with the customary standards of practice in your community. This includes a proper diagnosis and a suitable course of treatment, and a proper follow-up to ensure your health improves. However, errors made by doctors, nurses and other medical personnel can be extremely serious and could cause permanent injuries or even death.

These errors can take many forms. For example hospital staff members may not be able to read a patient's chart and administer the wrong medication. This kind of error usually occurs in emergency rooms, where the time available is limited and staff members are pressured to provide quick service. It can also happen if an ER doctor is treating a condition that isn't within their expertise.

Other types of errors can include prescribing wrong medications or prescribing the wrong dosage to patients that can cause injury. These errors can be committed by pharmacists, doctors, nurse practitioners, physician's assistants, and optometrists. They could also result in failing to prescribe or recommend follow-up care that is necessary to treat the problem.

Incorrect medication can result in an array of serious injuries. Heart patients who are taking the use of a blood thinner can lead to a dangerous bleeding disorder. It could also cause a stroke. If you have suffered an injury or lost someone you love due to a medical mistake it is vital to consult a knowledgeable New York medical malpractice lawyer to determine if you are able to pursue compensation.

Negligence

When doctors or medical professionals do not follow accepted standards of care, they may be liable for negligence. This can occur in a variety of settings including hospitals, doctor's office, therapy clinics and nursing homes. If a doctor does not adhere to these standards and the patient suffers permanent harm the doctor could be liable to compensate the victim for the harm.

To win a malpractice case the plaintiff must show that the physician's breach of professional obligations caused the injury. This is known as causation and it is a key part of the legal requirement. The breach has to be directly responsible for the injury and the damages that was caused must be quantifiable. This includes medical or lost wages.

In cases involving medical malpractice attorney negligence the attorney representing the plaintiff must also convince jurors that it is more likely than not that the physician's actions or inaction caused the damages claimed. This is a challenging task since people aren't always in the clear or are influenced by what they think that the opposing side will say.

It is essential that the lawyer also is aware of how the medical profession works. This knowledge can help to establish that the breach of professional duty was a direct cause of the patient's injuries. Medical malpractice cases can be filed in state or Federal courts, and they often include expert witnesses who describe the standard of care that was violated.

Punitive Damages

We often take for granted that we can trust medical professionals to treat us with expertise and care. But serious errors can occur and cause permanent injuries or even death. If these errors lead to an unjust death, the victims and their families could be entitled to compensation for the injuries they've suffered.

These cases could involve lawsuits against hospitals, doctors, nurses, physical therapists, pharmacists, diagnostic imaging technicians, and even medical equipment. Because many parties could be accountable it is often recommended for victims to bring claims against them all while working with their New York medical malpractice lawyers to determine which people or businesses need to be sued.

Punitive damages are intended to punish the defendant and discourage them from repeating the same behavior Medical malpractice lawyer in the future. Contrary to compensatory damages which are designed to target specific harms however, punitive damages can be imposed on a large class of people, and they are typically reserved for the most serious of violations.

In a case of medical malpractice, the first category of damages is remuneration for financial losses. This includes medical costs and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by presenting an expert opinion on what constitutes a breach of the standards of care in the specific area of your case as well as in the specialty. This is a crucial step, because without the evidence you require to support your claim it could be dismissed at the initial hearing.