Medical Malpractice Attorneys

Medical professionals must comply with a certain standard of care when caring for their patients. If a medical professional fails to adhere this standard, and the negligence causes injuries or complications for the patient, it could be grounds for a claim for negligence.

A successful malpractice suit can help pay for medical expenses, reimburse lost wages and acknowledge pain and suffering. Medical malpractice claims can be complicated.

Misdiagnosis

Medical malpractice claims that involve misdiagnosis are common. This type of claim usually involves a health care provider mistakenly diagnosing a patient who has an illness or injury. A doctor might identify a patient with pneumonia, when in reality the patient has staph. A mistake can have serious consequences, such as death.

According to medical malpractice insurance companies, claims related to diagnosis represent between 9 and 10 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. Medical malpractice claims data are limited and could be biased towards more severe errors. In addition, claims frequently expire or are dismissed without payment and a lot of meritorious mistakes will never result in a malpractice lawsuit.

To be able to successfully file a medical malpractice claim, a plaintiff must prove that the doctor violated the standard of care when diagnosing the condition. The lawyer representing the plaintiff needs to prove that the doctor's error directly caused an actual injury.

The litigation process in a medical malpractice case can be expensive, time-consuming and emotionally charged. Although the majority of medical malpractice cases settle out of court, attorneys representing both parties as well as expert witnesses must spend time and resources in negotiation, discovery, and trial preparation. Doctors are also often required to pay malpractice insurance while the claims process is unfolding. These expenses have prompted some to call for reforms to tort law that will lower the cost and speed up settlements.

Errors of Treatment

If you visit a doctor or hospital for treatment, you're expecting to receive medical treatment that complies with the customary standards of practice within your local area. This includes proper diagnosis and treatment, a reasonable course of treatment and adequate follow-up to ensure that your health improves. However, mistakes made by nurses, doctors and other medical professionals can be serious and result in permanent injuries or even death.

These errors can take many forms. For example, a hospital staff member could misread the patient's chart and give the incorrect medication. This kind of error typically occurs in emergency rooms where staff members are under pressure and time is short. staff members are pressured to deliver fast service. It can also happen when a physician is treating an issue that is outside of their area of specialization.

Other types of errors can include prescribing wrong medications or prescribing the wrong dosage to patients that can cause injuries. These errors can be made by nurse practitioners, doctors, physician assistants, pharmacists and optometrists. These errors can also include failing to recommend or prescribe the required follow-up procedure to fix the mistake.

Incorrect medication can cause various serious injuries. For instance, taking an unapproved blood thinner that's specifically designed for patients with heart problems could result in a risky bleeding disorder or cause the patient to experience stroke. If you or a loved one was injured by an error in medicine, you should consult an experienced New York medical negligence lawyer to determine whether you can seek compensation.

Negligence

If medical professionals or doctors do not follow accepted standards of care, they could be guilty of carelessness. This can happen in a variety of settings, like hospitals, doctors' office, therapy clinics, and nursing homes. If a doctor does not adhere to these standards and the patient suffers permanent harm they may be required to compensate for this harm.

In order to win a malpractice claim the plaintiff must prove that a physician's breach of professional duties caused the injury. Causation is a legal standard that is essential. The breach must be directly responsible for the injury. The damage that was caused must be quantifiable. For instance, medical expenses or lost wages.

In the case of medical malpractice, a plaintiff's lawyer must also convince the jury that it is more likely than not that a doctor's actions or inactions caused the damages sought. This is a challenging task as people are not always in the clear or are in awe of what they believe that the other side will argue.

It is also essential that the lawyer has a strong understanding of the medical profession and the way it functions. This knowledge can be used to show that the breach of professional duties led to the patient's injury. Medical malpractice cases can be filed in Federal or state courts, and usually involve expert witness who can describe the standard of care that was violated.

Punitive Damages

We believe that medical professionals will treat us with skill, care and professionalism. But serious errors can occur and cause permanent injuries or even death. If the errors cause wrongful death, the victims and their families could be entitled to compensation for the losses that they have suffered.

In cases of wrongful death, there are lawsuits against hospitals, doctors nurses, physical therapists pharmacists and diagnostic imaging technicians and even the manufacturers of medical malpractice lawsuit equipment. Because multiple parties could be responsible, it's often advisable for victims to file claims against them all, working with their New York medical malpractice lawyers to determine which individuals or businesses should be sued.

Punitive damages aim to punish the defendant for their actions and prevent them from repeating their actions in the future. Unlike compensatory damages, which are designed to target specific harms the punitive damages may be applied to a whole class of people, and they are typically reserved for those who have committed serious misconduct.

In a case of medical malpractice, the first category of damages is the reimbursement 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 providing expert testimony on what constitutes a breach of the standard of care within your particular area and specialization. This is a crucial step because without this evidence, your case could be dismissed at the initial hearing.