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Medical professionals must comply with a standard of care in their care of patients. If a medical professional is not able to meet this standard and results in injuries or other complications for the patient, there could be grounds for a malpractice lawsuit.
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 lawsuits are often complicated.
The wrong diagnosis
Medical malpractice lawsuits involving misdiagnosis are common. This type of case typically involves a healthcare professional not correctly diagnosing a patient with an illness or injury. For example, a physician might diagnose a patient with pneumonia when the patient actually has a staph infection. A mistake in diagnosis could have serious consequences for the patient including death.
According to medical malpractice insurers the diagnosis-related malpractice claims make up for between 9 percent (obstetrics) and 61% (pediatrics) of their total claims. However the information on medical malpractice claims is not extensive and could be biased toward more severe mistakes. Most claims are closed or abandoned without payment and a lot of good mistakes will never lead to a malpractice suit.
To successfully bring a medical malpractice claim, the plaintiff must prove that the doctor acted in violation of the standard of care in diagnosing the condition. A plaintiff's lawyer must also demonstrate that the doctor's error directly led to an injury.
The litigation process in medical malpractice cases is time-consuming, costly and emotionally high. Although the majority of medical malpractice cases settle in court, attorneys for both parties and expert witnesses must spend time and money in negotiation, discovery, and trial preparation. In addition, physicians are often required to pay their malpractice insurance premiums as the claims process progresses. These expenses have prompted some to advocate for tort reform, which could reduce the amount and promote more timely settlements.
Errors in Treatment
You can expect that when visit a doctor or hospital for treatment, the medical malpractice law firm care you receive will be in accordance with the standard of practice in your locality. This includes a correct diagnosis and a reasonable treatment program and adequate follow-up in order to ensure that your health improves. However, errors made by doctors, nurses and other medical personnel could be fatal and cause permanent injuries or death.
These errors can take many forms. A hospital staff member may miss-read the chart of a patient and prescribe 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. This is also the case when the doctor treats a problem that is outside of his or her area of expertise.
Other types of errors include prescribing wrong medications or giving patients the wrong dosage that can cause injuries. These mistakes can be committed by nurse practitioners, doctors and pharmacists, physician assistants and optometrists. They can also involve the failure to prescribe or recommend follow-up care that is necessary to treat the problem.
Mistakes in medication can cause various serious injuries. For example, taking a blood thinner that is specifically designed for patients with heart problems could lead to a dangerous bleeding disorder or result in stroke. If you have suffered an injury or lost your loved ones due to a medical error, it is crucial to consult a knowledgeable New York medical malpractice lawyer to determine if you can seek compensation.
Negligence
Negligence can be a result of doctors or medical professionals not following accepted standards. This can happen in many different settings, like hospitals, doctor's office, therapy clinics and nursing homes. If a physician violates these guidelines and the patient is permanently hurt, they could be required to compensate for the harm.
To win a malpractice case the plaintiff must prove that the physician's breach of professional duties caused his or her injuries. Causation is a legal norm that is essential. The breach must be the direct cause of the injury, and the damages must be quantifiable.
In cases involving medical malpractice attorneys representing the plaintiff must convince the jury that it is more likely than not that the physician's actions or inactions led to the damages alleged. This can be a challenge since people's memories may not be always crystal clear or are dependent on the arguments of the opposing side.
It is also essential that the lawyer has a deep knowledge of the medical profession and how it functions. This knowledge can help to prove that the breach of professional obligation was a primary cause of the patient's injuries. Medical malpractice cases can be filed in state or Federal courts. They usually involve expert witness who can provide the standard of care that was breached.
Punitive Damages
We are often conditioned to believe that we can trust medical professionals to treat us with competence and care. Incorrect treatment can result in serious injuries, or even death. If these mistakes result in wrongful death, family members of the victims could be entitled to compensation for loss they've suffered.
These cases could involve claims against hospitals, doctors nurses, physical therapists pharmacists, diagnostic imaging technicians, and even the manufacturers of medical equipment. Since multiple parties could be at fault it's usually recommended for victims to bring claims against them all while 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 behavior in the future. Contrary to compensatory damages which are intended to address specific harms the punitive damages may be applied to a whole category of people, but they are usually reserved for extreme misconduct.
The first type of damages in medical malpractice lawsuits is a reimbursement for actual financial losses. This includes expenses for medical treatment and lost wages. Your New York medical negligence lawyer can help you determine the amount of your damages by providing expert testimony on what is considered to be a violation of standard of care in the area of the case and the specialty. This is a crucial procedure, since without the evidence you need to prove your claim, it could be dismissed in the preliminary hearing.
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