Medical Malpractice Attorneys

Medical professionals must follow the highest standards of care when caring for their patients. If a health-care provider fails to adhere to this standard and that failure causes injuries or complications for the patient, there may be grounds for a malpractice claim.

A successful malpractice suit can aid in the payment of medical expenses, reimburse lost wages and acknowledge pain and suffering. However, medical malpractice lawsuits are often complicated.

Misdiagnosis

Misdiagnosis is among the most frequent medical malpractice claims. This type of case typically involves a medical professional mistakenly diagnosing a patient who has an injury or illness. A doctor might identify a patient with pneumonia, when in reality the patient is suffering from staph. A misdiagnosis could have serious consequences, such as death.

According to medical malpractice insurance companies the diagnosis-related malpractice claims make up for 9 percent (obstetrics) and 61% (pediatrics) of their total claims. However, medical malpractice claims data is not extensive and could be biased toward more severe errors. Most claims are dismissed or lapsed without payment and many good errors won't result in an action for malpractice.

A plaintiff must demonstrate that, in order to be successful in a claim for medical malpractice, that the doctor failed to follow the standard of care when diagnosing the condition. A lawyer for the plaintiff must demonstrate that the doctor's error caused injury.

The process of bringing a medical malpractice lawsuit can be long-winded, costly and emotionally demanding. Although the majority of medical malpractice cases are settled out of court attorneys and expert witnesses are required to invest time and money on discovery, negotiations and trial preparation. Physicians are also often required to pay malpractice insurance when the claims process unfolds. These expenses have led to calls for reforms to tort law which would lower the cost of litigation as well as encourage quicker and more fair settlements.

Errors in Treatment

When you go to a doctor or a hospital for treatment, the medical treatment you receive will be in accordance with the standard of care in your locality. This includes a correct diagnosis and treatment, a reasonable course of treatment, and a proper follow-up to ensure your health improves. But mistakes made by nurses, doctors, and other medical personnel can be serious and cause permanent injuries or death.

These mistakes can take a variety of forms. For instance hospital staff members might misread a patient's chart and then administer the wrong medication. This kind of error is common in emergency rooms in which staff are under pressure and their time is limited. This is also the case when doctors treat a condition that isn't within their expertise.

Other kinds of errors include prescribing incorrect medications or giving patients an improper dosage that results in injuries. These mistakes can be made by doctors, nurse practitioners, physician assistants, pharmacists and optometrists. These mistakes can also be a result of the failure to recommend or prescribe the appropriate follow-up procedure to correct the error.

Medication errors can lead to many serious injuries. For instance, taking an unapproved blood thinner that's specifically designed for patients with heart problems can cause a bleeding disorder or cause the patient to suffer stroke. If you've suffered an injury or lost your loved ones due to a medical error It is imperative to consult a knowledgeable New York medical malpractice lawyer to determine if you can seek compensation.

Negligence

If medical professionals or doctors fail to adhere to accepted standards of care, they could be guilty of carelessness. This can happen in many different settings, including 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 harm.

To prevail in a malpractice case the plaintiff must prove that the physician's breach of professional duties caused the injury. Causation is a legal standard that is essential. The breach has to be a direct cause of the injury. The damage that was caused must be quantifiable. For instance, medical or lost wages.

In cases involving medical negligence attorneys representing the plaintiff must convince the jury that it is more probable than not that the physician's decision or inaction resulted in the damages sought. This isn't easy because people's memories aren't always clear or they are influenced by the arguments of the opposing side.

It is important that the lawyer also has a good understanding of how the medical field operates. This knowledge can be used to prove that the breach of professional duties caused the patient's injury. Medical malpractice cases can be brought in Federal or State courts, and often involve expert witness who can explain the standard of care that was not met.

Punitive Damages

We believe that medical professionals will treat us with skill, care and professionalism. A mistake can lead to serious injuries or even death. If those mistakes result in an unintentional death, the victims and their family members may be entitled to compensation for the losses they've suffered.

Wrongful death cases can include claims against hospitals, doctors nurses, physical therapists, pharmacists diagnostic imaging technicians and even medical equipment. Since multiple parties could be at fault, it's often advisable for victims to claim against them all in conjunction with their New York medical malpractice lawyers to identify which individuals or companies should be sued.

Punitive damages aim to punish the defendant for their actions and discourage them from repeating the same behavior in the future. In contrast to compensatory damages, which are intended to address specific damages the punitive damages may be imposed on a large class of people and they are usually reserved for those who have committed serious misconduct.

The primary type of damages in a medical malpractice lawsuit is a reimbursement for actual financial losses, such as medical malpractice attorney costs and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by providing expert testimony on what constitutes a breach of the standards of care in the area of your case and in the field of specialization. This is a crucial step, as without the evidence you need to support your claim it could be dismissed during the initial hearing.