Medical Malpractice Attorneys

Medical professionals must follow an ethical standard when caring for their patients. If a health care provider fails to adhere to this standard and that failure results in injuries or other complications for the patient, there could be grounds for a malpractice claim.

A successful malpractice suit can help pay for medical expenses as well as recoup lost wages and acknowledge pain and suffering. However, medical malpractice lawsuits are usually complicated.

Incorrect diagnosis

Misdiagnosis is among the most common medical malpractice claims. This type of claim is typically brought by a health care practitioner who incorrectly diagnoses a patient's illness or injury. A physician might diagnose a patient with pneumonia, when in reality the patient is suffering from staph. A mistake in diagnosis can have grave consequences, including death.

According to medical malpractice insurance companies, diagnosis-related claims comprise between 9 and 9 percent of claims (obstetrics and firm 61 percent in pediatrics) or their total claims. Medical malpractice claims data are not comprehensive and could be biased towards more severe mistakes. Furthermore, many claims fall through or are closed without payment and a lot of meritorious mistakes will never result in a malpractice lawsuit.

A plaintiff must demonstrate that, in order to prevail on a claim for medical malpractice, that the doctor did not follow the standard of care when diagnosing the condition. A plaintiff's lawyer must also demonstrate that the doctor's error directly triggered an injury.

The litigation process of medical malpractice cases is costly time-consuming, emotionally charged and lengthy. While the majority of medical malpractice cases settle out of court, the attorneys representing both parties as well as expert witnesses have to spend time and money in negotiations, discovery, and trial preparation. Physicians are also frequently required to pay malpractice insurance when the claims process is developing. These expenses have led some to call for tort reform that will lower the cost and facilitate faster settlements.

Errors in Treatment

You can expect that when go to a doctor or a hospital to receive treatment, the medical care you receive will be in line with the standard of practice in your area. This includes proper diagnosis and treatment, a reasonable course of treatment, and a proper monitoring to ensure that your health improves. But mistakes made by nurses, doctors and other medical personnel can be extremely serious and could result in permanent injuries or even death.

These errors can take many forms. A hospital employee could mistakenly read the chart of a patient and then administer the wrong medication. This kind of error usually occurs in emergency rooms, where time is limited and overworked staff members are pressured to provide quick service. It could also occur when a physician treats a condition outside the scope of expertise.

Other types of errors can be caused by prescribing incorrect medication or giving patients the wrong dose that could result in injuries. These errors can be committed by doctors, pharmacists, nurse practitioners, physician's assistants, and optometrists. These errors could also result in a failure to recommend or prescribe the appropriate follow-up procedure to fix the mistake.

Mistakes in medication can cause an array of serious injuries. When a heart patient is taking a medication, a blood thinner can trigger bleeding disorders that are dangerous. It could also lead to stroke. If you or someone you love is injured as a result of an error in medical care and you are concerned about the consequences, consult an experienced New York medical negligence lawyer to determine if you're eligible to seek compensation.

Negligence

Negligence could be the result of medical professionals not adhering to accepted standards. This can happen in various settings, such as hospitals, doctor's office, therapy clinics and nursing homes. If a physician violates those guidelines and the patient suffers permanent harm it could be a requirement to compensate the victim for that harm.

To prevail in a malpractice case the plaintiff must prove that a physician's breach of professional obligations caused the injury. Causation is a legal standard that is essential. The breach must be the direct cause of the injury, and the damages must be quantifiable.

In cases of medical malpractice the attorney representing the plaintiff must convince the jury that it is more likely than not that the physician's decision or inaction resulted in the damages sought. This is a challenging task because people aren't always able to recall their actions or are in awe of what they believe that the opposing side will say.

It is crucial that the lawyer also has a good understanding of how the medical profession operates. This knowledge can be used to prove that the breach of professional duty caused the patient's injury. Medical malpractice cases can be filed in state or Federal courts, and often involve expert witness who can explain the standard of care that was breached.

Punitive Damages

We are often under the impression that medical malpractice law firm professionals will provide us with the best care and professionalism. A mistake can lead to serious injuries, or even death. If these errors lead to an unjust death, firm the victims and their families may be entitled compensation for the injuries they've suffered.

These cases could involve claims against hospitals, doctors nurses, physical therapists, pharmacists diagnostic imaging technicians and even the manufacturers of medical equipment. It is essential to sue all the parties involved, since there could be multiple parties responsible. Victims should work with their New York medical negligence lawyers to determine who or which companies are accountable.

Punitive damages aim to punish the defendant for their actions and deter them from repeating their actions in the future. Unlike compensatory damages, which are designed to target specific damages however, punitive damages can be applied to an entire class of people and they are usually reserved for cases of extreme misconduct.

The primary category of damages in a medical malpractice lawsuit is the reimbursement for actual financial losses, including expenses for medical care and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by presenting an expert opinion on what constitutes a breach of standards of care in the specific area of your case as well as in the specialty. This is a crucial step as without this evidence, your claim could be denied at the preliminary hearing level.