Medical Malpractice AttorneysMedical professionals must meet an exacting standard of care for their patients. If a health professional does not meet this standard, and this failure causes injuries or complications for the patient, it could be a cause for a claim for malpractice.
A successful malpractice suit could aid in the payment of medical expenses or reimburse lost wages and acknowledge pain and discomfort. Medical malpractice lawsuits can be complicated.
Misdiagnosis
Misdiagnosis is among the most common medical malpractice claims. This type of claim usually involves a healthcare professional mistakenly diagnosing a patient who has an illness or injury. For instance, a doctor might diagnose a patient with pneumonia, but the patient actually suffers from staph. A mistake can have serious consequences, including death.
According to medical malpractice insurance companies, claims related to diagnosis comprise between 9 percent and 91 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. However, medical malpractice claims data is not comprehensive and could be biased toward more severe mistakes. Claims are often shut down or not paid and a lot of good mistakes won't result in an action for malpractice.
A plaintiff must demonstrate that, in order to prevail on an action for medical malpractice that the doctor did not follow the standard of care when diagnosing the condition. The lawyer for the plaintiff must show that the doctor's mistake directly led to an injury.
The litigation process in medical malpractice lawsuits can be long-winded, costly and emotionally charged. Although a majority of medical malpractice cases are settled out of court, the attorneys for both parties and expert witnesses must spend time and money on negotiation, discovery, and trial preparation. Physicians are also often required to pay their malpractice premiums as the claims process is developing. These costs have led some to advocate for tort reform, which could reduce the amount and facilitate faster settlements.
Errors of Treatment
You expect that when you visit a doctor or hospital for treatment, the medical attention you receive will be in accordance with the standard of care in your community. This includes a thorough diagnosis and a reasonable treatment program and a proper follow-up to ensure that your health improves. But mistakes made by nurses, doctors or other medical personnel could be fatal and cause permanent injuries or death.
These errors can take many forms. For instance staff members at hospitals may misread a patient's medical chart and then administer the wrong medication. This type of error is common in emergency rooms, where staff are under pressure and their time is a problem. This is also the case when doctors treat a condition which is outside his or her area of expertise.
Other types of mistakes include prescribing the wrong medication or giving patients the wrong dosage that causes injury. These mistakes can be made by pharmacists, doctors, nurse practitioners, physician's assistants, and optometrists. They can also result in the failure to prescribe or recommend follow-up care that is required to correct the problem.
Incorrect medication can cause many serious injuries. Heart patients who are taking a blood thinner can trigger an extremely dangerous bleeding disorder. It can also trigger stroke. If you've suffered an injury or lost a loved one due to a medical mistake, it is crucial to consult a knowledgeable New York medical malpractice lawyer to determine if you can seek compensation.
Negligence
When
medical malpractice attorney professionals or doctors fail to adhere to accepted standards of care, they could be found guilty of carelessness. This can happen in a variety of settings including hospitals, doctor's office, therapy clinics, and nursing homes. If a doctor fails to adhere to these guidelines and a patient suffers permanent harm the doctor could be liable to compensate for the harm.
In order to win a malpractice case the party who was injured has to demonstrate that the physician's lapse in the discharge of professional duties caused his or her injuries. Causation is a legal standard that is essential. The breach has to be a direct cause of the injury and the damages that occurred must be quantifiable. For instance, lost wages or medical expenses.
In cases involving medical malpractice, the plaintiff's attorney must also convince jurors that it is more probable than not that the physician's decision or inaction resulted in the damages alleged. This is a challenging job since people aren't always in a clear mind or are in awe of what they believe that the other side will say.
It is vital that the lawyer also has a thorough understanding of how the medical profession works. This knowledge can be used to prove that the breach of professional duties led to the patient's injury. Medical malpractice cases are filed in state or federal courts, and typically require expert witnesses to provide evidence of how the standard care was breached.
Punitive Damages
We often assume that medical professionals will provide us with the best care and professionalism. Serious errors can lead to serious injuries or even death. If these errors cause a wrongful death, victims and their family members may be entitled to compensation for the losses they've suffered.
In cases of wrongful death, there are claims against hospitals, doctors, nurses, physical therapists, pharmacists, diagnostic imaging technicians, and even manufacturers of medical equipment. Because multiple parties could be responsible it is often recommended for victims to make claims against them all while working with their New York medical malpractice lawyers to determine which persons or companies should be sued.
Punitive damages aim at punishing the defendant for their actions and deter them from repeating the same conduct in the future. Punitive damages aren't limited to specific damages. They can be applied to a broad class of people and are reserved for serious wrongdoing.
In a medical malpractice case, the first category of damages is reimbursement for financial losses. This includes medical costs and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by presenting an expert's opinion on what constitutes a breach of standard of care within your particular area and specialization. This is an essential step, because without the evidence to prove your claim, it could be dismissed at the preliminary hearing.