Medical Malpractice Attorneys

Medical professionals must meet a certain standard of care when treating their patients. If a medical professional fails to adhere this standard and this negligence causes injuries or complications to the patient, it may be grounds for a lawsuit for malpractice.

A successful malpractice lawsuit may aid in the payment of medical expenses as well as pay back lost wages and acknowledge pain and discomfort. However, medical malpractice lawsuits are usually complicated.

Undiagnosed

The misdiagnosis of a patient is among the most frequently filed medical malpractice claims. This type of claim is typically filed by a healthcare doctor who fails to correctly diagnose a patient's illness or injury. For instance, a doctor might diagnose a patient as having pneumonia when in reality the patient has a staph infection. A mistake in diagnosis can have grave consequences, including death.

According to medical malpractice insurance companies, diagnosis-related claims comprise between 9 percent and 91 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. Medical malpractice claims data are not comprehensive and may be biased towards more serious mistakes. Furthermore, claims often lapse or are dismissed without being paid and a large number of errors that are meritorious are not a cause for malpractice lawsuit.

In order to be successful in bringing a medical malpractice claim, a plaintiff must prove that the doctor acted in violation of the standard of care in diagnosing the condition. A lawyer representing the plaintiff must establish that the error of the doctor caused an injury.

The process of bringing a medical malpractice case is costly as well as time-consuming and emotionally charged. While the majority of medical malpractice cases settle in court, attorneys for both parties and experts have to devote time and money in negotiations, discovery, and trial preparation. Additionally, doctors are often forced to pay for their malpractice insurance premiums as the claims process progresses. These expenses have led to demands for reforms in tort law which would lower the cost of litigation and help to encourage faster and more fair settlements.

Errors in Treatment

If you visit a doctor or hospital to receive treatment, you are expected to receive medical care that is consistent with the established standards of practice in your local area. This includes a proper diagnosis and a reasonable treatment plan and proper follow-up to ensure that your health improves. However, mistakes by nurses, doctors and other medical personnel can be extremely serious and cause permanent injuries, or even death.

These errors can take on a variety of forms. For example, a hospital staff member may misread a patient's medical chart and administer the incorrect medication. This type of error usually occurs in emergency rooms, where the time available is limited and staff members are under pressure to provide quick service. This could also happen when doctors treat a condition that is not within his or her expertise.

Other types of errors be caused by prescribing incorrect medication or prescribing the wrong dosage to patients, which can result in injury. These errors can be made by nurse practitioners, doctors or pharmacists, physician assistants, and optometrists. They could also result in an inability to prescribe or suggest follow-up care necessary to treat the error.

Incorrect medication can cause many serious injuries. Heart patients who are taking the use of a blood thinner can lead to a serious bleeding disorder. It can also trigger stroke. If you or a loved one has been injured due to an error in medical care, you should consult an experienced New York medical negligence lawyer to determine if you're eligible to claim compensation.

Negligence

Negligence may be the result of medical professionals not adhering to accepted standards. This could happen in a variety settings, including hospitals, doctor's offices, therapy clinics and nursing homes. If a physician violates those standards and a patient suffers lasting harm they could be required to compensate the victim for the injury.

To prevail in a malpractice lawsuit the plaintiff must prove that the doctor's breach of professional obligations caused the injury. 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 negligence attorneys representing the plaintiff must also convince the jury that it is more likely than not that the doctor's decision or inaction resulted in the damages sought. This is a challenging task since people aren't always able to recall their actions or are in awe of what they believe that the other side will say.

It is essential that the lawyer also is knowledgeable of how the medical profession functions. This knowledge can be used to show that the breach in professional duties led to the patient's injury. Medical malpractice cases are filed in state or federal courts, and usually have expert witnesses who explain how the standard of care was breached.

Punitive Damages

We assume that medical professionals will treat us with skill, care and professionalism. Errors can cause serious injuries, or even death. When those errors lead to an unintentional death, the victim and their loved ones may be entitled to compensation for the losses they've suffered.

In the case of wrongful deaths hospitals, doctors, nurses as well as pharmacists and physical therapists along with diagnostic imaging technicians, as well as manufacturers of medical equipment, can be sued. Since multiple parties could be responsible it is often recommended for victims to claim against all of them, working with their New York medical malpractice lawyers to determine which people or businesses should be sued.

Punitive damages are intended to punish the offender and discourage them from engaging in similar behavior in the future. Unlike compensatory damages, which are intended to remedy specific damages the punitive damages may be applied to an entire category of people, but they are usually reserved for those who have committed serious misconduct.

The first category of damages in a medical malpractice lawsuit is the reimbursement of actual financial losses, including medical costs 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 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 claim could be dismissed at the preliminary hearing.