Medical Malpractice Attorneys

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

A successful malpractice lawsuit could aid in the payment of medical expenses, reimburse lost wages and acknowledge pain and suffering. Medical malpractice lawsuits can be a bit complicated.

The wrong diagnosis

Medical malpractice lawsuits involving misdiagnosis are common. This type of claim is typically filed by a healthcare provider who incorrectly diagnoses the patient's condition or injury. For instance, a physician may diagnose a patient with pneumonia when the patient in fact suffers from staph. A mistake can have serious consequences, including death.

According to medical malpractice insurance companies, diagnosis-related malpractice claims account for between 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. However, medical malpractice claims data is not extensive and could be biased towards more serious errors. In addition, claims frequently expire or are closed without payment and many meritorious errors are not a cause for malpractice lawsuit.

A plaintiff must prove the court, in order to win a case for medical malpractice, that the doctor did not adhere to the standard of care when diagnosing the condition. The lawyer representing the plaintiff needs to show that the doctor's mistake directly triggered an injury.

The process of bringing a medical malpractice lawsuit can be time-consuming, expensive and emotionally intense. While the majority of medical malpractice cases are settled outside of court, attorneys and expert witnesses need to spend time and money on discovery, negotiations and trial preparation. Doctors are also often required to pay for their malpractice insurance as the claims process is unfolding. This has led to demands for reforms in tort law that would cut down on the cost of litigation as well as encourage quicker and more fair settlements.

Treatment Errors

When you visit a physician or hospital for treatment, you're expected to receive medical attention that complies with the customary practices in your area. This includes a clear diagnosis and a sensible treatment plan and adequate follow-up in order to ensure that your health improves. However, errors made by nurses, doctors and other medical professionals can be very serious and lead to permanent injuries or death.

These errors can take on a variety of forms. For example, a hospital staff member might misread a patient's chart and then administer the incorrect medication. This type of error usually occurs in emergency rooms where there is a short time frame and staff members are pressured to offer quick service. It can also happen when a doctor is treating a condition outside his or her area of expertise.

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

Mistakes in medication can cause various serious injuries. Taken by heart patients, a blood thinner could cause an extremely dangerous bleeding disorder. It could also cause a stroke. If you've suffered an injury or lost a loved one to a medical mistake it is vital to consult a knowledgeable New York medical malpractice lawyer to determine if you can pursue compensation.

Negligence

When medical professionals or doctors do not follow accepted standards of care, they may be guilty of carelessness. This can happen in various settings, such as hospitals, doctor's office, therapy clinics and nursing homes. If a doctor violates these guidelines and the patient suffers lasting harm they could be required to compensate the victim for the injury.

To prevail in a malpractice lawsuit the plaintiff must show that the physician's breach of professional duty caused the injury. This is known as causation and it is a key element of the legal standard. The breach must be directly responsible for the injury, and the damage that occurred must be quantifiable. This includes medical expenses or lost wages.

In cases of medical malpractice an attorney for a plaintiff must also convince the juror that it is more likely than not that the physician's actions or inactions resulted in the damages sought. This can be a difficult task since people aren't always clear in their memories or are guided by their beliefs about the case that the opposing side will say.

It is crucial that the lawyer also has a good understanding of how the medical profession works. This knowledge can help to show that the breach of professional duty was the 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 not met.

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 lead to an unjust death, the victims and their families could be entitled to compensation for injuries they've suffered.

Wrongful death cases can include lawsuits against hospitals, doctors, nurses, physical therapists, pharmacists, diagnostic imaging technicians, and even manufacturers of medical equipment. Since many parties could be accountable in a case, it's generally recommended for victims to file claims against them all, working with their New York medical malpractice lawyers to identify which individuals or companies need to be sued.

Punitive damages aim to punish the defendant for their actions and deter them from repeating their actions in the future. Punitive damages don't have to be restricted to specific damages. They can be applied to a whole category of people, and are reserved for extreme infractions.

The first category of damages in the case of medical malpractice is the reimbursement for actual financial losses, such as expenses for medical care and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by providing expert testimony regarding what constitutes a breach of standards of care in the area of your case and in the field of specialization. This is an essential step, because without the evidence you need to support your claim, it could be dismissed in the preliminary hearing.