Medical Malpractice AttorneysMedical professionals must comply with an established standard of care for their patients. If a health care provider fails to adhere to this standard, and if the failure results in injuries or other complications for the patient, there may be grounds for a malpractice lawsuit.
A successful malpractice suit could assist in paying medical costs, reimburse lost wages, and acknowledge pain and discomfort. However, medical malpractice lawsuits can be complicated.
Incorrect diagnosis
Medical malpractice claims that involve misdiagnosis are quite common. This type of case typically involves a medical professional incorrectly diagnosing a patient with an injury or illness. For instance, a physician might diagnose a patient as having pneumonia, but the patient actually is suffering from staph. A misdiagnosis could cause serious consequences for the patient including death.
According to medical malpractice insurance companies, diagnosis-related claims make up between 9 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. However the information on medical malpractice claims is limited and may be biased toward more severe mistakes. Furthermore, claims often lapse or are closed without payment and many meritorious errors won't result in a malpractice lawsuit.
A plaintiff must demonstrate the court, in order to win a case for medical malpractice, that the doctor did not adhere to the standard of care when diagnosing the condition. A lawyer representing the plaintiff must show that the doctor's error caused injury.
The litigation process in a medical malpractice lawsuit can be long-winded, costly and emotionally charged. Although a majority of medical malpractice cases settle without trial, the attorneys representing both parties as well as experts have to devote time and money in negotiation, discovery, and trial preparation. In addition, physicians are often forced to pay the malpractice insurance premiums while the claims process unfolds. These costs have prompted demands for reforms in tort law, which would reduce the cost of litigation and help to encourage quicker and more fair settlements.
Errors in Treatment
You can expect that when visit a physician or hospital for treatment, the medical care you receive will be in line with the standard of practice in your community. This includes a thorough diagnosis, 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 very serious and lead to permanent injuries or even death.
These mistakes can come in a variety forms. A hospital staff member could mistakenly read the patient's chart and then administer the wrong medication. This kind of error usually occurs in emergency rooms where staff members are under pressure and time is short. staff members are pressured to provide quick service. It could also occur when a doctor is treating an illness that is not within the scope of expertise.
Other types of errors comprise prescribing the wrong drugs or giving patients a wrong dosage that results in injuries. These errors can be made by nurse practitioners, doctors and pharmacists, physician assistants and optometrists. They may also be caused by the failure to prescribe or suggest follow-up care necessary to treat the error.
Incorrect medication can cause 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 can also trigger stroke. If you've suffered an injury or lost a loved one to a medical error, it is crucial to consult with a skilled New York medical malpractice lawyer to determine if you are able to seek compensation.
Negligence
When medical professionals or doctors fail to follow accepted standards of care, they could be guilty of carelessness. This can happen in many situations, including hospitals, therapy clinics, doctor's offices and nursing homes. If a doctor violates these guidelines and the patient suffers permanent harm they could be required to compensate the victim for that harm.
In order to win a malpractice case the plaintiff has to demonstrate that the physician's lapse in their professional duties led to the injuries. This is known as causation and it is a key element of the legal standard. The breach must be a direct cause for the injury, and the damages must be quantifiable.
In cases involving medical negligence attorneys representing the plaintiff must also convince jurors that it is more probable than not that the doctor's action or inaction led to the damages demanded. This is a challenging task because people aren't always in a clear mind or are guided by their beliefs about the case that the other side will say.
It is essential that the lawyer also is aware of how the medical field operates. This knowledge can be used to prove that the breach of professional duties led to the patient's injury. Medical malpractice cases can be brought in Federal or State courts. They usually require an expert witness to describe the standard of care that was violated.
Punitive Damages
We are often conditioned to believe that we can trust medical professionals to treat us with skill and care. But serious errors can occur that can cause life-long injuries or even death. If the errors cause wrongful death, victims and their families may be entitled compensation for the injuries they've suffered.
The wrongful death case can involve claims against doctors, hospitals, nurses, physical therapists, pharmacists as well as diagnostic imaging technicians and even the manufacturers of medical equipment. Since multiple parties could be at fault it's usually recommended for victims to make claims against them all, working with their New York medical malpractice lawyers to determine which people or businesses need to be sued.
Punitive damages aim to punish the defendant for their actions and prevent them from repeating the same mistake in the future. In contrast to compensatory damages, which are designed to target specific harms, punitive damages can be applied to a broad class of people and they are typically reserved for extreme misconduct.
The primary type of damages in a
medical malpractice lawsuit is the reimbursement of actual financial losses, including medical costs 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 the standard of care in your particular area and specialization. This is a crucial step since without this evidence, your claim could be dismissed at the preliminary hearing.