Medical Malpractice Attorneys

Medical professionals must adhere to an ethical standard when caring for their patients. If a healthcare professional is not able to meet this standard, and this breach causes injuries or complications to the patient, it could be grounds for a lawsuit for negligence.

A successful malpractice case can help pay for medical expenses, reimburse lost wages and acknowledge the pain and suffering. Medical malpractice lawsuits aren't always straightforward.

Incorrect diagnosis

Misdiagnosis is one of the most frequently filed medical malpractice claims. This type of claim is typically filed by a healthcare provider who incorrectly diagnoses an injury or illness of a patient. A physician may identify a patient with pneumonia, but in reality the patient is suffering from staph. A mistake can have serious consequences, such as death.

According to medical malpractice insurance companies, claims related to diagnosis comprise between 9 and 9 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. Medical malpractice claims data are limited and may be biased towards more serious mistakes. Claimants are typically closed or lapse without payment and many good errors are not likely to result in an action for malpractice.

To succeed in bringing a medical malpractice claim the plaintiff must demonstrate that the doctor violated the standard of care in diagnosing the condition. The lawyer for the plaintiff must demonstrate that the doctor's error directly triggered an injury.

The litigation process in a medical malpractice lawsuit can be lengthy, costly and emotionally high. While the majority of medical malpractice cases are settled out of court attorneys and expert witnesses are required to invest time and money in discovery, negotiations, and trial preparation. Physicians are also often required to pay their malpractice costs when the claims process is unfolding. These costs have led some to call for tort reform, which will lower the cost and promote more timely settlements.

Errors of Treatment

You can expect that when visit a hospital or doctor to receive treatment, the care you receive will be in line with the standards of practice in your community. This includes a thorough diagnosis and a sensible treatment plan and the proper follow-up to ensure that your health improves. However, mistakes by nurses, doctors and other medical professionals can be devastating and cause permanent injuries or even death.

These errors may take many forms. A hospital staff member could misread the chart of a patient and give the wrong medication. This kind of error is common in emergency rooms in which staff are under pressure and their time is limited. This could also happen when doctors treat a condition that is outside of their expertise.

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

Incorrect medication can cause a variety of serious injuries. Taken by heart patients, a blood thinner can trigger a serious bleeding disorder. It may also trigger a stroke. If you or someone you love was injured by a medical mistake it is recommended that you consult an experienced New York medical negligence lawyer for advice on whether you are able to seek compensation.

Negligence

If medical professionals or doctors do not adhere to accepted standards of care, they could be liable for carelessness. This could happen in a variety situations, including hospitals, doctor's offices, therapy clinics, and nursing homes. If a doctor violates these standards and the patient suffers lasting harm it could be a requirement to compensate the victim for that injury.

In order to win a malpractice claim, the injured party must show that the physician's breach of professional obligations caused the injury. Causation is a legal norm that is crucial. The breach must be the direct cause of the injury, and the damages must be quantifiable.

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

It is vital that the lawyer also has a good understanding of how the medical field operates. This knowledge can be used to show that the breach of professional duties caused the patient's injury. Medical malpractice cases can be filed in federal or state courts. They usually require an expert witness to provide the standard of care that was not met.

Punitive Damages

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

The wrongful death case can involve claims against doctors, hospitals, nurses, physical therapists, pharmacists as well as diagnostic imaging technicians and even the manufacturers of medical equipment. Because multiple parties could be at fault it's usually recommended for victims to claim against all of them while working with their New York medical malpractice lawyers to determine which people or businesses need to be sued.

Punitive damages are intended to penalize the defendant and deter them from engaging in similar behavior in the future. Punitive damages are not limited to specific injuries. They can be applied to a large category of people and are reserved for serious violations.

In a medical malpractice attorney malpractice case the first type of damages is the 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 providing an expert's opinion on what constitutes a breach of the standard of care within your particular area and specialization. This is an essential step because, without the evidence you require to prove your claim, it could be dismissed at the preliminary hearing.