Medical Malpractice Attorneys

Medical professionals must comply with an exacting standard of care for their patients. If a health-care provider does not adhere to this standard, and if the failure results in injuries or complications for the patient, there could be grounds for a malpractice claim.

A successful malpractice lawsuit can aid in paying medical expenses, reimburse lost wages and acknowledge pain and suffering. Medical malpractice claims can be a bit complicated.

The wrong diagnosis

Medical malpractice claims involving misdiagnosis are not uncommon. This kind of claim is typically filed by a healthcare provider who incorrectly diagnoses the patient's condition or injury. For instance, a physician might diagnose a patient as having pneumonia when the patient in fact suffers from staph. A mistake can have serious consequences, including death.

According to medical malpractice insurance companies, claims related to diagnosis represent between 9 and 10 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. However medical malpractice claims data isn't extensive and may be biased toward more severe errors. The claims are usually closed or abandoned without payment and many erroneous mistakes do not result in an action for malpractice.

A plaintiff must demonstrate that, in order to prevail on a case for medical malpractice, that the doctor didn't follow the standard of care when diagnosing the condition. The lawyer representing the plaintiff needs to show that the doctor's mistake directly caused injury.

The process of bringing medical malpractice cases can be long-winded, costly and emotionally charged. Although the majority malpractice cases settle out of court, the attorneys for both parties and experts have to devote time and resources in discovery, negotiation, and trial preparation. In addition, physicians are often forced to pay for their malpractice insurance premiums while the claims process unfolds. These costs have prompted some to advocate for tort reform that would reduce the cost and encourage quicker settlements.

Errors of Treatment

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

These errors can take on a variety of forms. For instance staff members at hospitals may not be able to read a patient's chart and prescribe the wrong medication. This kind of error is more common in emergency rooms where staff are under pressure and time is a problem. It could also happen when a physician treats a condition outside the scope of specialization.

Other types of mistakes include prescribing incorrect medications or giving patients the wrong dosage that can cause injuries. These mistakes can be made by doctors, pharmacists, nurse practitioners, physician's assistants and optometrists. These errors may also include a failure to recommend or prescribe the follow-up treatment to fix the mistake.

Mistakes in medication can lead to many serious injuries. Heart patients who are taking the use of a blood thinner can lead to a dangerous bleeding disorder. It may also trigger stroke. If you have suffered an injury or lost a loved one to a medical mistake it is essential to consult a knowledgeable New York medical malpractice lawyer to determine whether you can pursue compensation.

Negligence

Negligence could be the result of doctors or medical professionals not adhering to accepted standards. This can happen in many situations, including hospitals, therapy clinics, doctor's offices, and nursing homes. If a physician violates these guidelines and a patient is permanently hurt the doctor could be liable to pay for the damage.

To win a malpractice claim the person who suffered the injury must prove that the physician's breach in their professional duties led to the injuries. Causation is a legal norm that is essential. The breach must have been directly responsible for the injury and the damages that occurred must be quantifiable, for example, medical or lost wages.

In cases involving medical negligence lawyers representing the plaintiff have to also convince jurors that it is more probable than not that the doctor's actions or inaction caused the damages claimed. This isn't easy because people's memories aren't always clear or they are affected by the arguments of the other side.

It is important that the lawyer also is aware of how the medical field operates. This knowledge can be used to prove that the breach in professional duties caused the patient's injury. Medical malpractice cases can be filed in Federal or state courts, and usually include expert witnesses who define the standard of medical care that was breached.

Punitive Damages

We often take for granted that we can trust medical malpractice law firms professionals to treat us with expertise and care. But serious errors can occur that can cause life-long injuries or even death. If the errors cause a wrongful demise, the victims and their families could be entitled to compensation for the losses that they have suffered.

The wrongful death case can involve claims against doctors, hospitals, nurses, physical therapists, pharmacists, diagnostic imaging technicians, and even medical equipment. Since many parties could be accountable in a case, it's generally recommended for victims to claim against them all while working with their New York medical malpractice lawyers to determine which people or companies need to be sued.

Punitive damages are designed to penalize the defendant and deter them from repeating the same behavior in the future. Contrary to compensatory damages which are designed to address specific harms the punitive damages may be applied to a whole group of people, and they are usually reserved for extreme misconduct.

In a medical malpractice lawyers malpractice case the first type of damages is reimbursement for financial losses. This includes medical expenses and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by presenting expert testimony regarding what constitutes a breach of the standards of care in the area of your case and in the field of specialization. This is a crucial step, because without the evidence you need to support your claim it could be dismissed in the preliminary hearing.