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Medical professionals must adhere to the highest standards of care when treating their patients. If a health professional does not adhere to this standard, and the failure causes injuries or complications for the patient, it may be cause for a claim for malpractice.
A successful malpractice suit can aid in paying medical expenses as well as recoup lost wages and acknowledge the pain and suffering. medical malpractice attorney malpractice lawsuits aren't always straightforward.
Undiagnosed
Medical malpractice claims involving misdiagnosis are not uncommon. This type of claim is typically brought by a health care provider who misdiagnoses a patient's illness or injury. For instance, a doctor might diagnose a patient as having pneumonia when the patient in fact has a staph infection. A mistake in diagnosis can have grave consequences, such as death.
According to medical malpractice insurance companies, diagnosis-related claims comprise between 9 and 9 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. However the data on medical malpractice claims is limited and may be biased toward more severe errors. Most claims are closed or abandoned without payment, and many meritorious mistakes are not likely to result in a malpractice suit.
To succeed in bringing an action for medical malpractice, a plaintiff must prove that the doctor violated the standard of care in diagnosing the condition. The lawyer representing the plaintiff needs to show that the doctor's mistake directly triggered an injury.
The process of bringing a medical malpractice case is costly time-consuming, emotionally charged and lengthy. Although a majority of medical malpractice cases are settled without trial, the attorneys for both parties and experts must devote time and resources in negotiation, discovery, and trial preparation. Additionally, doctors are often forced to pay for their malpractice insurance premiums as the claims process progresses. These costs have led to calls for tort reform, which would reduce the cost of litigation as well as encourage more timely and fair settlements.
Treatment Errors
When you visit a physician or hospital to receive treatment, the medical treatment you receive will be in line with the standard of care in your locality. This includes a proper diagnosis, a reasonable treatment plan and adequate follow-up in order to ensure that your health improves. However, errors made by doctors, nurses or other medical personnel can be very serious and cause permanent injuries or even death.
These errors can take on a variety of forms. A hospital staff member could misread the patient's chart and then administer the wrong medication. This kind of error is usually seen in emergency rooms where staff are under pressure and time is a problem. It can also happen when a physician is treating an issue that is outside of the scope of expertise.
Other types of mistakes include prescribing incorrect medications or prescribing patients with the wrong dosage that could result in injuries. These errors can be committed by pharmacists, doctors, nurse practitioners, physician's assistants and optometrists. These errors could also result in the failure to recommend or prescribe the appropriate follow-up treatment to rectify the error.
A mistake in the dosage of a medication can result in various serious injuries. Taken by heart patients, a blood thinner could cause a serious bleeding disorder. It could also lead to stroke. If you or a loved one has been injured by an error made by a doctor, you should consult an experienced New York medical negligence lawyer to determine whether you can pursue compensation.
Negligence
When medical professionals or doctors fail to adhere to accepted standards of care, they may be guilty of carelessness. This can happen in a variety of places, such as hospitals, doctors' offices, 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 pay for the damage.
To prevail in a malpractice lawsuit the person who suffered the injury has to demonstrate that the physician's lapse in professional duties led to the injury. Causation is a legal norm that is essential. The breach must be a direct cause of the injury and the damages that occurred must be quantifiable, such as medical or lost wages.
In the case of medical negligence, a plaintiff's lawyer must convince jurors that it is more likely than not that a doctor's actions or inactions led to the damages sought. This isn't easy because people's memory isn't always clear, or they are dependent on the arguments of the opposing side.
It is also essential that the lawyer has a solid knowledge of the medical profession and the way it functions. This knowledge can be used to show that the breach of professional duties caused the patient's injury. Medical malpractice cases can be filed in Federal or state courts, and often involve expert witness who can explain the standard of care that was not met.
Punitive Damages
We assume that medical professionals will treat us with skill, care and professionalism. Incorrect treatment can result in serious injuries or even death. If the errors result in an unintentional death, the victims and their family members may be entitled to compensation for the loss they've suffered.
In cases of wrongful death hospitals, doctors and nurses as well as pharmacists, physical therapists and doctors along with diagnostic imaging technicians, as well as manufacturers of medical equipment could be sued. Because many parties could be accountable, it's often advisable for victims to file claims against all of them while working with their New York medical malpractice lawyers to determine which individuals 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. As opposed to compensatory damages that are intended to address specific harms, punitive damages can be applied to a whole class of people and they are usually reserved for the most serious of violations.
In a case of medical malpractice the first type of damages is the reimbursement 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 presenting expert testimony on what constitutes a violation of the normal care for the area of the case and the specialty. This is an essential step, as without the evidence you need to prove your case, it may be dismissed during the initial hearing.
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