Medical Malpractice Attorneys

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

A successful malpractice lawsuit can assist in the payment of medical costs pay back lost wages, and acknowledge the pain and suffering. Medical malpractice claims can be complex.

Incorrect diagnosis

Medical malpractice lawsuits involving misdiagnosis are quite common. This type of claim typically involves a healthcare provider not correctly diagnosing a patient with an injury or illness. A doctor might diagnose a patient with pneumonia when the patient has staph. A mistake could result in serious consequences for the patient including death.

According to medical malpractice insurance companies the diagnosis-related malpractice claims make up 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 toward more severe errors. Most claims are closed or lapse without payment and many good errors are not likely to result in an action in a malpractice suit.

To succeed in bringing a medical malpractice claim, a plaintiff must prove that the doctor violated the standard of care in diagnosing the condition. A lawyer representing the plaintiff must show that the doctor's error caused injury.

The litigation process of a medical malpractice case can be expensive emotional, time-consuming, and stressful. Although a majority of medical malpractice cases settle in court, attorneys for both parties and experts must devote time and money in negotiation, discovery, as well as trial preparation. Physicians are also frequently required to pay their malpractice costs when the claims process is developing. These costs have led some to advocate for tort reform that would reduce the cost and encourage quicker settlements.

Treatment errors

When you visit a physician or hospital for treatment, you're expecting to receive medical care that is consistent with the established standards of practice within your community. This includes proper diagnosis and treatment, a reasonable course of treatment, and a proper follow-up to ensure that your health improves. However, mistakes made by nurses, doctors and other medical staff can be severe and result in permanent injuries or even death.

These mistakes can come in a variety forms. For instance, a hospital staff member might misread a patient's chart and give the incorrect medication. This kind of error typically occurs in emergency rooms, where there is a short time frame and staff members are under pressure to provide quick service. It can also happen if the doctor treats a problem that is outside of his or her area of expertise.

Other types of errors comprise prescribing the wrong medications or giving patients a wrong dosage that results in injuries. These errors can be committed by doctors, pharmacists, nurse practitioners, physician's assistants and optometrists. They can also involve a failure to prescribe or suggest follow-up care required to correct the problem.

Medication mistakes can cause various serious injuries. For example, taking a blood thinner that is actually intended for heart patients could lead to a dangerous bleeding disorder or cause the patient to suffer a stroke. If you or someone you love is injured as a result of an error in medical care, you should consult an experienced New York medical negligence lawyer to determine if you're eligible to pursue compensation.

Negligence

Negligence may be the result of doctors or medical professionals not following accepted standards. This could happen in a variety environments, including hospitals therapy clinics, doctor's offices and nursing homes. If a doctor does not adhere to these rules and the patient suffers permanent harm the doctor could be liable to compensate for this harm.

In order to win a malpractice claim the person who suffered the injury must show that the physician's negligence in performing his professional duties led to his or her injuries. This is referred to as causation and it is a key part of the legal requirement. The breach must be a direct cause for the injury, and the damages must be quantifiable.

In the case of medical malpractice lawyers representing the plaintiff have to also convince the jury that it is more likely than not that the doctor's actions or inactions led to the damages alleged. This isn't easy because people's memories are not always clear or they are affected by the arguments of the other side.

It is important that the lawyer is aware of how the medical field operates. This knowledge can be used to show that the breach of professional duty led to the patient's injury. Medical malpractice cases are filed in state or federal courts, and usually require expert witnesses to describe how the standard of care was breached.

Punitive Damages

We believe that medical professionals will provide us with the best care and professionalism. However, mistakes of a serious nature can occur, leading to lifelong injuries or even death. If these errors cause an unintentional death, the victims and their family members may be entitled to compensation for the loss they've suffered.

In cases of wrongful death hospitals, doctors and nurses as well as pharmacists, physical therapists and doctors along with diagnostic imaging technicians, as well as manufacturers of medical equipment could be sued. Because multiple parties could be at fault it is often recommended for victims to make claims against them all and work with their New York medical malpractice lawyers to determine which individuals or businesses need to be sued.

Punitive damages seek to penalize the defendant for their actions and deter them from repeating their actions in the future. Punitive damages do not have to be limited to specific harms. They can be applied to a large class of people and are reserved for the most serious infractions.

In a case of medical malpractice the primary category of damages is 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 presenting an expert opinion on what constitutes a breach of the standard of care within your case's locality and specialty. This is an essential step, because without the evidence you require to prove your case, it could be dismissed at the preliminary hearing.