Medical Malpractice AttorneysMedical professionals must comply with an established standard of care for their patients. If a health-care provider does not adhere to this standard and that failure results in injuries or complications for the patient, there may be grounds for a malpractice claim.
A successful malpractice suit can aid in paying medical expenses or reimburse lost wages. It can also acknowledge the pain and suffering. Medical malpractice claims can be a bit complicated.
Misdiagnosis
Misdiagnosis is among the most common medical malpractice claims. This type of claim typically involves a healthcare provider incorrectly diagnosing a patient with an injury or illness. A doctor may diagnose a patient with pneumonia, but in reality the patient is suffering from staph. A mistake could result in serious consequences for the patient, including death.
According to medical malpractice insurers that cover diagnosis-related malpractice, claims for this type of malpractice account for 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. However medical malpractice claims data isn't extensive and may be biased toward more severe mistakes. The claims are usually closed or lapse without payment and a lot of good mistakes are not likely to result in a malpractice suit.
To succeed in bringing an action for medical malpractice the plaintiff must show that the doctor did not follow the standard of care in diagnosing the condition. The lawyer representing the plaintiff must demonstrate that the doctor's error directly caused an actual injury.
The litigation process in a medical malpractice lawsuit can be time-consuming, expensive and emotionally charged. Although the majority of medical malpractice cases are settled out of court attorneys and expert witnesses are required to invest time and money on negotiations, discovery and trial preparation. Doctors are also often required to pay for their malpractice insurance when the claims process unfolds. These expenses have led some to call for reforms to tort law that will reduce the cost and promote more timely settlements.
Errors in Treatment
If you visit a doctor or hospital for treatment, you're expected to receive medical attention that is consistent with the established standards of practice in your area. This includes a clear diagnosis, a reasonable treatment plan and proper follow-up to ensure that your health improves. But mistakes made by nurses, doctors or other medical personnel can be very serious and lead to permanent injuries or even death.
These errors can take many forms. Hospital staff members could not understand the chart of a patient 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 limited. This could also happen when doctors treat a condition that is outside of his or her expertise.
Other types of mistakes include prescribing incorrect medications or
medical malpractice law Firm giving patients an improper dosage that results in injury. These mistakes can be made by doctors, pharmacists, nurse practitioners, physician's assistants and optometrists. They could also result in an inability to prescribe or recommend follow-up care required to correct the error.
Incorrect medication can cause many serious injuries. For heart patients, a blood thinner can trigger bleeding disorders that are dangerous. It may also trigger a stroke. If you have suffered an injury or lost someone you love due to a
Medical Malpractice Law Firm mistake it is vital to speak with a seasoned New York medical malpractice lawyer to determine if you can pursue compensation.
Negligence
If medical professionals or doctors do not follow accepted standards of care, they may be guilty of negligence. This can occur in a variety of settings, such as hospitals, doctor's office, therapy clinics and nursing homes. If a physician violates those standards and
medical malpractice law firm a patient is harmed for a long time the doctor may be required to pay compensation for that harm.
To win a malpractice claim the person who suffered the injury must show that the doctor's breach in professional obligations caused his or her injuries. This is called causation and is an essential part of the legal requirement. The breach has to be directly responsible for the injury and the damages that was caused must be quantifiable. This includes medical expenses or lost wages.
In the case of medical negligence lawyers representing plaintiffs must also convince the jury that it is more likely than not that a doctor's actions or inactions led to the damages sought. This can be a difficult task since people aren't always in the clear or are influenced by what they think that the opposing side is going to argue.
It is also essential that the lawyer has a strong understanding of the medical profession and how it works. This knowledge can be used to show that the breach of professional duties caused the patient's injury. Medical malpractice cases are filed in state or federal courts and often have expert witnesses who explain how the standard of care was violated.
Punitive Damages
We are often under the impression that medical professionals will provide us with the best 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 compensation for the injuries they've suffered.
These cases could involve claims against hospitals, doctors nurses, physical therapists, pharmacists diagnostic imaging technicians and even manufacturers of medical equipment. It's important to sue all parties involved, since several parties could be responsible. Victims should work with their New York medical negligence lawyers to determine which people or companies are accountable.
Punitive damages are designed to punish the defendant for their actions and discourage them from repeating the same mistake in the future. Unlike compensatory damages, which are designed to address specific harms the punitive damages may be applied to an entire class of people and they are typically reserved for extreme misconduct.
In a case of medical malpractice, the first category of damages is the 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 loss by providing an expert opinion on what constitutes a breach of standard of care in your particular area and specialization. This is an important step since without this evidence, your claim may be dismissed at the initial hearing level.