Medical Malpractice Attorneys

Medical professionals must adhere to a standard of care when they care for their patients. If a healthcare provider fails to adhere to this standard and that failure causes injury or complications for the patient, there could be grounds for a malpractice claim.

A successful malpractice lawsuit could help pay for medical expenses or reimburse lost wages. It can also acknowledge the pain and suffering. Medical malpractice claims can be complex.

Incorrect diagnosis

Misdiagnosis is among the most frequent medical malpractice attorney malpractice claims. This type of case is typically brought by a health care provider who misdiagnoses the patient's condition or injury. A physician may diagnose a patient as having pneumonia, when in reality the patient has staph. A misdiagnosis could have serious consequences, such as death.

According to medical malpractice insurance companies, claims related to diagnosis make up between 9 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. Medical malpractice claims are not as extensive and could be biased towards more serious errors. Most claims are dismissed or lapsed without payment and a lot of good mistakes will never lead to an action for malpractice.

A plaintiff must show that, in order to prevail on a claim for medical malpractice, that the doctor didn't follow the standard of care when diagnosing the condition. A plaintiff's lawyer must also prove that the doctor's error directly caused injury.

The litigation process in a medical malpractice lawsuit is time-consuming, costly and emotionally high. While the majority of medical malpractice claims 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 while the claims process unfolds. These expenses have prompted some to call for tort reform that could reduce the amount and speed up settlements.

Treatment Errors

When you visit a physician or hospital to receive treatment, you are expected to receive medical care that complies with the customary standards of practice within your local area. This includes a clear diagnosis and a reasonable treatment program and the proper follow-up to ensure that your health improves. However, 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. For instance, a hospital staff member could misread the patient's chart and then administer the wrong medication. This type of error usually occurs in emergency rooms, where time is limited and overworked staff members are under pressure to provide fast service. It can also happen if a doctor treats a condition which is outside their expertise.

Other types of errors include prescribing wrong medications or giving patients the wrong dosage that can cause injuries. These mistakes can be made by doctors, nurse practitioners and pharmacists, physician assistants and optometrists. They can also result in a failure to prescribe or suggest follow-up care required to correct the error.

Incorrect medication can cause numerous serious injuries. When a heart patient is taking a medication, blood thinners can cause a dangerous bleeding disorder. It may also trigger a stroke. If you or someone you love was injured by a medical mistake, you should consult an experienced New York medical negligence lawyer to determine if you're eligible to claim compensation.

Negligence

Negligence may be the result of doctors or medical professionals who do not adhere to accepted standards. This can happen in various settings, like hospitals, doctor's office, therapy clinics and nursing homes. If a doctor violates these rules and the patient is permanently hurt it could be necessary to compensate for the harm.

To win a malpractice claim, medical malpractice attorney the injured party has to demonstrate that the physician's lapse in their professional duties led to his or her injuries. This is known as causation, and it is a key element of the legal standard. 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 malpractice, the plaintiff's attorney must convince the jury that it is more probable than not that the doctor's decision or inaction resulted in the damages claimed. This can be challenging since people's memories may not be always clear, or they are in the hands of the other side.

It is crucial that the lawyer also is knowledgeable of how the medical profession operates. This knowledge can be used to show that the breach in professional duties caused the patient's injury. Medical malpractice cases are filed in state or federal courts and often include expert witnesses who explain how the standard of medical care was not met.

Punitive Damages

We believe that medical professionals will provide us with the best care and professionalism. Serious errors can lead to serious injuries, or even death. If the errors cause an unjust death, the victims and their families may be entitled to compensation for the loss they've suffered.

In the case of wrongful deaths, hospitals, doctors and nurses along with pharmacists, physical therapists, and pharmacists and diagnostic imaging technicians and manufacturers of medical equipment are all liable to be sued. Because multiple parties could be responsible it's usually recommended for victims to file claims against them all in conjunction with their New York medical malpractice lawyers to determine which individuals or companies should be sued.

Punitive damages aim to punish the defendant for their actions and deter them from repeating the same conduct in the future. Punitive damages don't have to be restricted to specific harms. They can be applied to a large category of people and are only available for extreme violations.

In a medical malpractice case, the first category of damages is compensation for financial losses. This includes medical expenses and lost wages. Your New York medical negligence lawyer can help you determine the amount of your losses by providing expert testimony on what constitutes a violation of standard of care in the particular area of the case and the specialty. This is an essential procedure, since without the evidence you require to prove your case, it could be dismissed at the initial hearing.