Medical Malpractice AttorneysMedical professionals must meet an exacting standard of care for their patients. If a healthcare professional is not able to meet this standard, and the failure causes injuries or complications to the patient, it may be grounds for a claim for malpractice.
A successful malpractice lawsuit can aid in paying medical expenses as well as recoup lost wages and acknowledge the pain and suffering. Medical malpractice claims can be a bit complicated.
Misdiagnosis
Medical malpractice claims that involve misdiagnosis are not uncommon. This type of claim typically involves a health care provider wrongly diagnosing a patient suffering from an injury or illness. For example, a physician might diagnose a patient as having pneumonia when the patient actually has staph infection. A mistake in diagnosis can have grave consequences, including death.
According to medical malpractice insurance companies, diagnosis-related claims represent between 9 and 10 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. Medical malpractice claims are not as extensive and could be biased towards more serious errors. Most claims are closed or lapse without payment, and many meritorious mistakes are not likely to result in a malpractice suit.
A plaintiff must prove, in order to win a lawsuit for medical negligence that the doctor failed to follow the standard of care when diagnosing the condition. A lawyer representing the plaintiff must show that the doctor's error caused an injury.
The process of bringing medical malpractice lawsuits can be time-consuming, expensive and emotionally demanding. Even though the majority of medical malpractice cases are settled out of court lawyers and expert witnesses are required to invest time and money in negotiations, discovery and trial preparation. Physicians are often required to pay malpractice insurance while the claims process progresses. These costs have led some to call for tort reform which will reduce the cost and encourage quicker settlements.
Errors in Treatment
If you visit a doctor or hospital for treatment, you expect to receive medical treatment that is in accordance with the standard guidelines of practice in your community. This includes a correct diagnosis and a sensible treatment plan and a proper follow-up to ensure that your health improves. However, errors made by doctors, nurses and other medical staff can be severe and cause permanent injury or even death.
These mistakes can come in a variety forms. For instance hospital staff members might misread a patient's chart and administer the incorrect medication. This type of error is usually seen in emergency rooms in which staff are under pressure and their time is a problem. This could also happen when an ER doctor is treating a condition that is not within their expertise.
Other types of mistakes be caused by prescribing incorrect medication or prescribing patients with the wrong dosage which could cause injuries. These mistakes can be made by doctors, pharmacists, nurse practitioners,
medical malpractice attorneys physician's assistants and optometrists. They can also involve the failure to prescribe or suggest follow-up care required to correct the problem.
A mistake in the dosage of a medication can result in numerous 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 cause a stroke. If you or a loved one is injured as a result of an error in medicine it is recommended that you consult an experienced New York medical negligence lawyer for advice on whether you are able to seek compensation.
Negligence
Negligence may be the result of doctors or medical professionals failing to follow accepted standards. This can happen in many settings, including hospitals, doctor's offices, therapy clinics and nursing homes. If a doctor does not adhere to these rules and the patient suffers permanent harm it could be necessary to compensate for the harm.
To prevail in a malpractice lawsuit, the injured party must prove that the physician's breach of professional obligations caused his or her injuries. This is known as causation and is an essential aspect of the legal norm. The breach must be directly responsible for the injury and the damage that was caused must be quantifiable. This includes lost wages or medical expenses.
In the event of medical malpractice an attorney for a plaintiff must convince jurors that it is more likely than not that a doctor's actions or inactions led to the damages sought. This can be a challenge because people's memories aren't always crystal clear or are dependent on the arguments of the other side.
It is also essential that the lawyer has a strong understanding of the medical profession and how it works. This knowledge will help demonstrate that the breach of professional duty was a direct cause of the patient's injuries. Medical malpractice cases can be brought in Federal or State courts, and usually require expert witnesses to describe the standard of care that was breached.
Punitive Damages
We often take for granted that we can trust
medical malpractice law firms professionals to treat us with care and care. Serious errors can lead to serious injuries, or even death. When those errors lead to an unintentional death, the victim and their loved ones may be entitled to compensation for the losses they've suffered.
In cases of wrongful death hospitals, doctors and nurses as well as pharmacists and physical therapists as well as diagnostic imaging technicians, as well as manufacturers of medical equipment are all liable to be sued. Since several parties could be involved in a case, it's generally recommended for victims to bring claims against them all in conjunction with their New York medical malpractice lawyers to determine which individuals or businesses should be sued.
Punitive damages are intended to penalize the defendant and discourage them from repeating similar actions in the future. Punitive damages do not have to be limited to specific damages. They can be applied to a large category of people and are reserved for the most serious violations.
The primary category of damages in the case of medical malpractice is the reimbursement of actual financial losses, including medical costs and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your loss by providing an expert's opinion on what constitutes a breach of standard of care within your case's locality and specialty. This is a crucial step because, without this evidence, your case could be dismissed at the initial hearing level.