Medical Malpractice Attorneys

Medical professionals must meet the highest standards of care when treating their patients. If a healthcare professional does not adhere to this standard, and the breach causes injuries or complications for the patient, it could be cause for a claim for negligence.

A successful malpractice lawsuit may assist in paying medical costs as well as pay back lost wages and acknowledge pain and discomfort. However, medical malpractice claims are often complex.

Undiagnosed

Misdiagnosis is among the most frequent medical malpractice claims. This type of case is typically filed by a healthcare provider who misdiagnoses an injury or illness in a patient. For example, a physician might diagnose a patient with pneumonia when in reality the patient has staph infection. A misdiagnosis could have serious consequences, including death.

According to medical malpractice insurance companies medical malpractice insurers, diagnosis-related malpractice claims account for 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. Medical malpractice claims data are not comprehensive and could be biased towards more serious errors. Furthermore, many claims fall through or are closed without being paid and a large number of errors that are meritorious will never result in a malpractice lawsuit.

To succeed in bringing an action for medical malpractice, a plaintiff must prove that the doctor acted in violation of the standard of care in diagnosing the condition. The lawyer representing the plaintiff must show that the doctor's mistake directly caused an actual injury.

The litigation process in the case of medical malpractice can be lengthy, costly and emotionally demanding. While the majority of medical malpractice cases settle in court, attorneys for both parties and experts must devote time and resources on negotiations, discovery, and trial preparation. In addition, doctors are often forced to pay the malpractice insurance premiums while the claims process is in progress. These costs have led to calls for reforms to the tort system which would lower the cost of litigation and promote more timely and fair settlements.

Errors in Treatment

You should expect that when you visit a hospital or doctor Medical Malpractice Lawyer to receive treatment, the medical malpractice lawsuits care you receive will be in accordance with the standard of practice in your area. This includes a correct diagnosis and a sensible course of treatment, and a proper follow-up to ensure that your health improves. However, errors made by nurses, doctors and other medical staff can be devastating and cause permanent injury or even death.

These mistakes can take a variety of forms. For instance staff members at hospitals may not be able to read a patient's chart and administer the wrong medication. This type of error usually occurs in emergency rooms, where there is a short time frame and staff members are under pressure to offer quick service. It could also happen when a physician treats an illness that is not within the scope of expertise.

Other types of errors comprise prescribing incorrect medications or giving patients an incorrect dosage that results in injury. These errors can be committed by doctors, medical malpractice Lawyer pharmacists, nurse practitioners, physician's assistants and optometrists. They can also result in the failure to prescribe or recommend follow-up treatment required to correct the error.

Errors in the prescription process can cause many serious injuries. When a heart patient is taking a medication, a blood thinner can trigger a serious bleeding disorder. It may also trigger stroke. If you have suffered an injury or lost a loved one to a medical error, it is crucial to consult a knowledgeable New York medical malpractice lawyer to determine if you're eligible to seek compensation.

Negligence

Negligence can be a result of medical professionals failing to follow accepted standards. This can occur in a variety of settings such as hospitals, doctor's office, therapy clinics, and nursing homes. If a doctor fails to adhere to these standards and the patient suffers permanent harm it could be a requirement to pay compensation for that injury.

To prevail in a malpractice lawsuit the party who was injured must prove that the physician's breach of professional duty caused his or her injuries. This is referred to as causation and is a vital part of the legal requirement. The breach must be a direct cause of the injury, and the damages must be quantifiable.

In cases involving medical malpractice, the plaintiff's attorney must also convince jurors that it is more likely than not that the doctor's decision or inaction resulted in the damages claimed. This can be difficult since people's memories may not be always crystal clear or are affected by the arguments of the opposing side.

It is also crucial that the lawyer has a strong understanding of the medical profession and the way it functions. This knowledge can be used to show that the breach in professional duty caused the patient's injury. Medical malpractice cases are filed in state or federal courts and often include expert witnesses who provide evidence of how the standard care was breached.

Punitive Damages

We take for granted that we can trust medical professionals to treat us with skill and care. But mistakes can be serious and cause permanent injuries or even death. When those errors lead to wrongful death, victims and their loved ones may be entitled to compensation for the losses they've suffered.

The wrongful death case can involve claims against hospitals, doctors, nurses, physical therapists, pharmacists as well as diagnostic imaging technicians and even manufacturers of medical equipment. Since multiple parties could be responsible it is often recommended for victims to bring claims against them all, working with their New York medical malpractice lawyers to determine which individuals or companies should be sued.

Punitive damages are designed to punish the offender and discourage them from repeating similar actions in the future. Unlike compensatory damages, which are intended to address specific damages, punitive damages can be applied to a whole 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 reimbursement for 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 presenting an expert opinion on what constitutes a breach of standard of care in the area of your case and in the field of specialization. This is an important step because without this evidence, your claim may be dismissed at the preliminary hearing level.