Medical Malpractice Attorneys

Medical professionals must meet a certain standard of care for their patients. If a health professional does not adhere to the standard of care, and this failure results in injuries or complications to the patient, it could be a cause for a claim for malpractice.

A successful malpractice lawsuit can help pay for medical costs or reimburse lost wages as well as acknowledge pain and discomfort. However, medical malpractice lawsuits are usually complicated.

Undiagnosed

Misdiagnosis is among the most frequently filed medical malpractice claims. This type of case is typically brought by a health care provider who incorrectly diagnoses the patient's condition or injury. A physician might diagnose a patient as having pneumonia when in fact the patient is suffering from staph. A mistake in diagnosis could have serious consequences for the patient including death.

According to medical malpractice insurance companies the diagnosis-related malpractice claims make up for between 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. Medical malpractice claims data are limited and could be biased towards more severe mistakes. In addition, claims frequently expire or are closed without being paid and a large number of errors that are meritorious won't result in a malpractice lawsuit.

To successfully bring a medical malpractice claim the plaintiff must show that the doctor did not follow the standard of care when diagnosing the condition. A lawyer representing the plaintiff must demonstrate that the doctor's error caused an injury.

The process of bringing a medical malpractice lawsuit can be long-winded, costly and emotionally charged. Although the majority of medical malpractice cases are settled out of court, attorneys representing both parties as well as expert witnesses must spend time and resources in negotiation, discovery, as well as trial preparation. Additionally, doctors are often required to pay the malpractice insurance premiums as the claims process progresses. These expenses have led some to advocate for tort reform, which will reduce the cost and encourage quicker settlements.

Treatment Errors

When you visit a physician or hospital for treatment, you're expected to receive medical care that conforms to the accepted standards of practice within your area. This includes a correct diagnosis and treatment, a reasonable treatment plan, and the proper monitoring to ensure that your health improves. However, mistakes made by doctors, nurses and other medical staff can be serious and cause permanent injuries, or even death.

These errors can take on a variety of forms. For instance an employee of a hospital might misread a patient's chart and give the wrong medication. This type of error is common in emergency rooms where staff members are under pressure and time is limited. It could also occur when a physician treats a condition outside the scope of expertise.

Other types of mistakes include prescribing the wrong medication or giving patients an incorrect dosage that causes injury. These mistakes can be made by doctors, pharmacists, nurse practitioners, physician's assistants, and optometrists. These errors can also include a failure to recommend or prescribe the required follow-up procedure to correct the error.

Mistakes in medication can cause various serious injuries. For instance, consuming the wrong blood thinner specifically designed for patients with heart problems could cause a bleeding disorder or cause the patient to experience a stroke. If you have suffered an injury or lost a loved one to a medical error it is vital to consult with an experienced New York medical malpractice lawyer to determine if you can pursue compensation.

Negligence

If medical professionals or doctors fail to adhere to accepted standards of care, they could be guilty of negligence. This can happen in many situations, including hospitals, therapy clinics, doctor's offices and nursing homes. If a doctor fails to adhere to these rules and the patient suffers permanent harm the doctor could be liable to pay for the damage.

In order to prevail in a claim for malpractice, the injured party must demonstrate that the physician's lapse in their professional duties led to the injuries. This is called causation and is an essential element of the legal standard. The breach must be a direct cause of the injury, and the damage must be quantifiable.

In cases involving medical negligence, the plaintiff's attorney must convince the jury that it is more likely than not that the doctor's decision or inaction resulted in the damages sought. This can be difficult because people's memory isn't always crystal clear or are in the hands of the other side.

It is essential that the lawyer also has a thorough understanding of how the medical field operates. This knowledge can assist in establish that the breach of professional duty was a direct cause of the patient's injuries. Medical malpractice cases are filed in state or federal courts, and usually include expert witnesses who explain how the standard of care was violated.

Punitive Damages

We often assume that medical professionals will provide us with the best care and professionalism. Serious errors can lead to serious injuries or even death. If these errors cause an unintentional death, the victims and their family members may be entitled to compensation for the losses they've suffered.

These cases could involve claims against hospitals, doctors nurses, physical therapists, pharmacists and diagnostic imaging technicians and even manufacturers of medical equipment. Since multiple parties could be at fault it's usually recommended for victims to file claims against them all and work with their New York medical malpractice lawyers to determine which people or companies should be sued.

Punitive damages seek to penalize the defendant for their actions and deter them from repeating their actions in the future. In contrast to compensatory damages, which are intended to remedy specific harms however, punitive damages can be applied to a whole class of people, and they are usually reserved for the most serious of violations.

The first category of damages in a medical malpractice lawsuit is the reimbursement of actual financial losses. This includes expenses for medical care and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by giving an expert opinion on what constitutes a breach of the standard of care within the specific area of your case as well as in the specialty. This is a crucial step because, without this evidence, your case could be dismissed at the preliminary hearing.