Medical Malpractice Attorneys

Medical professionals have to meet an established standard of care for their patients. If a health professional fails to adhere this standard and this failure results in injuries or complications for the patient, it may be cause for a claim for malpractice.

A successful malpractice suit could aid in the payment of medical expenses or reimburse lost wages as well as acknowledge pain and discomfort. Medical malpractice lawsuits can be complex.

Misdiagnosis

Misdiagnosis is among the most common medical malpractice claims. This type of case is typically filed by a healthcare doctor who fails to correctly diagnose an injury or illness of a patient. A doctor may diagnose a patient as having pneumonia, but in reality the patient is suffering from staph. A mistake can have serious consequences, including death.

According to medical malpractice insurance companies, claims related to diagnosis comprise between 9 and 9 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. However the data on medical malpractice claims is limited and may be biased toward more severe mistakes. Most claims are dismissed or lapsed without payment, and many meritorious mistakes won't 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 show that the doctor's mistake directly caused an actual injury.

The process of bringing a medical malpractice lawsuit can be time-consuming, expensive and emotionally demanding. Even though the majority of medical malpractice claims are settled out of court, attorneys and expert witnesses must invest time and money in negotiations, discovery and trial preparation. Physicians are often required to pay their malpractice costs while the claims process unfolds. This has led to calls for medical Malpractice attorneys reforms to tort law, which would reduce the cost of litigation and promote quicker and more fair settlements.

Errors in Treatment

If you visit a doctor or hospital for treatment, you expect to receive medical treatment that conforms to the accepted standards of practice in your community. This includes proper diagnosis and treatment, a reasonable treatment plan, and the proper follow-up to ensure that 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 mistakes can take a variety of forms. A hospital staff member could miss-read the patient's chart and then administer the wrong medication. This type of error is most common in emergency rooms where staff members are under pressure and time is limited. This can also happen if an ER doctor is treating a condition which is outside their expertise.

Other types of errors include prescribing the wrong drugs or giving patients an improper dosage that causes injuries. These mistakes can be made by nurse practitioners, doctors, physician assistants, pharmacists and optometrists. These errors can also include failing to recommend or prescribe the necessary follow-up procedure to fix the mistake.

A mistake in the dosage of a medication can result in many serious injuries. Taken by heart patients, a blood thinner can trigger a serious bleeding disorder. It can also trigger a stroke. If you or someone you love has been injured due to a medical mistake it is recommended that you consult an experienced New York medical negligence lawyer to determine if you are eligible to pursue compensation.

Negligence

Negligence could be the result of medical professionals failing to follow accepted standards. This can occur in many different settings, like hospitals, doctors' office, therapy clinics, and nursing homes. If a doctor does not adhere to these rules and the patient suffers permanent harm they may be required to pay for the damage.

In order to win a malpractice case the party who was injured has to show that the doctor's breach in their professional duties led to the injury. This is known as causation, and is an essential part of the legal standard. The breach must be directly responsible for the injury. The damage that occurred must be quantifiable, for example, medical expenses or lost wages.

In the case of medical malpractice the lawyer representing the plaintiff must convince jurors that it is more likely than not that a doctor's actions or inactions led to the damages sought. This is a challenging task because people aren't always in the clear or are guided by their beliefs about the case that the opposing side will say.

It is also important that the lawyer has a thorough understanding of the medical profession and how it operates. This knowledge can be used to show that the breach of professional duties caused the patient's injury. Medical malpractice cases are filed in state or federal courts and often require expert witnesses to explain how the standard of medical care was not met.

Punitive Damages

We believe that medical professionals will treat us with skill, care and professionalism. Incorrect treatment can result in serious injuries or even death. If these mistakes result in a wrongful demise, the victims and their families may be entitled to compensation for the loss they've suffered.

In wrongful death cases, hospitals, doctors and nurses as well as pharmacists and physical therapists, as well as diagnostic imaging technicians, as well as manufacturers of medical equipment are all liable to be sued. Since several parties could be involved in a case, it's generally recommended for victims to make claims against all of them, working with their New York medical malpractice lawyers to determine which persons or companies should be sued.

Punitive damages aim to punish the defendant for their conduct and discourage them from repeating the same conduct in the future. Punitive damages do not have to be limited to specific ailments. They can be applied to a broad category of people, and are reserved for extreme infractions.

The first category of damages in a medical malpractice lawsuit is reimbursement for actual financial losses. This includes the cost of medical treatment 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 constitutes a violation of the normal care for the case's location and specialty. This is an essential step, as without the evidence to prove your claim, it could be dismissed at the preliminary hearing.