Medical Malpractice Attorneys

Medical professionals must meet an ethical standard in their care of patients. If a health-care provider does not adhere to this standard and that failure causes injury or complications for the patient, there may be grounds for a malpractice lawsuit.

A successful malpractice lawsuit can assist in the payment of medical costs as well as recoup lost wages and acknowledge pain and suffering. Medical malpractice claims can be complicated.

Misdiagnosis

Misdiagnosis is one of the most frequently filed medical malpractice claims. This type of claim is usually filed by a healthcare practitioner who incorrectly diagnoses the patient's condition or injury. A physician may diagnose a patient with pneumonia, but in reality the patient has staph. A mistake could result in serious consequences for the patient including death.

According to medical malpractice insurers the diagnosis-related malpractice claims make up for between 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. Medical malpractice claims data are not comprehensive and may be biased towards more severe errors. The claims are usually dismissed or lapsed without payment and many good errors are not likely to result in an action for malpractice.

A plaintiff must prove the court, in order to win a claim for medical malpractice that the doctor didn't follow the standard of care when diagnosing the condition. The lawyer representing the plaintiff must show that the doctor's mistake directly caused an actual injury.

The process of bringing the case of medical malpractice can be lengthy, costly and emotionally charged. Although the majority of medical malpractice claims are settled out of court attorneys and expert witnesses have to invest time and money on discovery, negotiations and trial preparation. Physicians are often required to pay their malpractice premiums as the claims process progresses. These costs have prompted some to call for tort reform, which will lower the cost and speed up settlements.

Errors in Treatment

You expect that when you visit a hospital or doctor to receive treatment, the medical care you receive will be in accordance with the standard of care in your community. This includes a proper diagnosis and a reasonable treatment plan and proper follow-up to ensure that your health improves. However, errors made by nurses, doctors, and other medical personnel can be extremely serious and could lead to permanent injuries or even death.

These errors can take many forms. For instance an employee of a hospital 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 can also happen when a physician treats an illness that is not within the scope of expertise.

Other kinds of errors include prescribing incorrect medications or giving patients an incorrect dosage that results in injuries. These mistakes can be made by doctors, nurse practitioners and pharmacists, physician assistants and optometrists. These errors could also result in the failure to suggest or prescribe the follow-up treatment to fix the mistake.

Mistakes in medication can lead to a variety of serious injuries. When a heart patient is taking a medication, the use of a blood thinner can lead to a dangerous bleeding disorder. It could also lead to a stroke. If you have suffered an injury or lost someone you love due to a medical error It is imperative to speak with a seasoned New York medical malpractice lawyer to determine if you're eligible to seek compensation.

Negligence

Negligence may be the result of medical professionals who do not adhere to accepted standards. This can happen in a variety of settings, including hospitals, doctor's office, therapy clinics and nursing homes. If a physician violates those standards and a patient is harmed for a long time they could be required to pay compensation for that harm.

To prevail in a malpractice case, the injured party must prove that the physician's breach of professional obligations caused his or her injuries. Causation is a legal requirement that is essential. The breach must be a direct cause for the injury, and the damages must be quantifiable.

In the case of medical negligence lawyers representing plaintiffs must also convince the jury that it is more likely than not that a physician's actions or inactions resulted in the damages sought. This isn't easy because people's memories are not always clear, or they are affected by the arguments of the opposing side.

It is also crucial that the lawyer has a strong knowledge of the medical profession and the way it functions. This knowledge can be used to prove that the breach in professional duty led to the patient's injury. Medical malpractice cases can be brought in Federal or State courts, and usually require an expert witness to explain the standard of care that was breached.

Punitive Damages

We assume that medical malpractice lawyers professionals will treat us with skill, care and professionalism. A mistake can lead to serious injuries, or even death. If the errors cause wrongful death, victims and their families may be entitled to compensation for the injuries they've suffered.

In wrongful death cases hospitals, doctors, nurses, physical therapists and pharmacists along with diagnostic imaging technicians, as well as manufacturers of medical equipment, are all liable to be sued. Since several parties could be involved it is often recommended for victims to file claims against them all in conjunction with their New York medical malpractice lawyers to determine which persons or companies need to be sued.

Punitive damages are intended to penalize the defendant and discourage them from repeating similar actions in the future. Unlike compensatory damages, which are intended to remedy specific damages the punitive damages may be applied to a whole category of people, but they are typically reserved for the most serious of violations.

The primary type of damages in medical malpractice lawsuits is a reimbursement for actual financial losses, including expenses for medical treatment and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by presenting an expert's opinion on what constitutes a breach of standard of care within the specific area of your case as well as in the specialty. This is an important step because, without this evidence, your claim could be denied at the preliminary hearing level.