Medical Malpractice Attorneys
Medical professionals must adhere to the highest standards of care when they care for their patients. If a medical professional does not adhere to this standard and that failure causes injuries or complications for the patient, there could be grounds for a malpractice claim.
A successful malpractice lawsuit could aid in paying medical expenses pay back lost wages, and acknowledge pain and suffering. However, medical malpractice claims can be complicated.
Undiagnosed
The misdiagnosis of a patient is among the most frequently filed medical malpractice claims. This type of claim is typically brought by a health care doctor who fails to correctly diagnose the patient's condition or injury. For example, a physician might diagnose a patient with pneumonia when the patient in fact suffers from staph. A mistake can have serious consequences, such as death.
According to medical malpractice insurers, diagnosis-related malpractice claims account for 9 percent (obstetrics) and 61% (pediatrics) of their total claims. Medical malpractice claims are not as extensive and could be biased towards more serious mistakes. Claimants are typically dismissed or lapsed without payment and many erroneous mistakes will never lead to an action for malpractice.
To be able to successfully file a medical malpractice claim, the plaintiff must prove that the doctor acted in violation of the standard of care in diagnosing the condition. The lawyer representing the plaintiff needs to demonstrate that the doctor's error directly caused an actual injury.
The process of bringing
medical malpractice lawsuits can be lengthy, costly and emotionally demanding. Even though the majority medical malpractice claims are settled out of court attorneys and expert witnesses need to invest time and money in discovery, negotiations, and trial preparation. Physicians are also frequently required to pay malpractice insurance while the claims process is unfolding. These costs have prompted calls for tort reform which would lower the cost of litigation and help to encourage more timely and fair settlements.
Errors in Treatment
You can expect that when visit a hospital or doctor to receive treatment, the care you receive will be in line with the standard of care in your community. This includes a correct diagnosis, a reasonable treatment plan and a proper follow-up to ensure that your health improves. But mistakes made by nurses, doctors and other
medical malpractice lawsuit personnel can be serious and result in permanent injuries or death.
These errors can take many forms. A hospital staff member may not understand the chart of a patient and prescribe the wrong medication. This kind of error is most common in emergency rooms, where staff are under pressure and their time is a problem. It can also happen when a physician is treating an issue that is outside of the scope of expertise.
Other types of mistakes include prescribing incorrect medications or giving patients the wrong dose which could cause injuries. These errors can be made by nurse practitioners, doctors and pharmacists, physician assistants and optometrists. They could also result in an inability to prescribe or recommend follow-up treatment necessary to treat the error.
Mistakes in medication can lead to a variety of serious injuries. When a heart patient is taking a medication, a blood thinner can trigger a dangerous bleeding disorder. It could also cause a stroke. If you've suffered an injury or lost your loved ones due to a medical error it is vital to consult with an experienced New York
medical malpractice lawyer to determine if you are able to pursue compensation.
Negligence
Negligence can result of medical professionals failing to follow accepted standards. This can happen in many environments, including hospitals doctor's offices, therapy clinics and nursing homes. If a doctor fails to adhere to these guidelines and the patient suffers lasting harm it could be a requirement to compensate for the harm.
To prevail in a malpractice case the party who was injured must prove that a physician's breach of professional duties caused his or her injuries. This is referred to as causation and is a vital element of the legal standard. The breach has to be directly responsible for the injury. The damage that occurred must be quantifiable. For instance, medical or lost wages.
In cases of medical malpractice the attorney representing the plaintiff must convince the jury that it is more likely than not that the physician's action or inaction led to the damages sought. This is a challenging task as people are not always in a clear mind or are influenced by what they think that the opposing side will say.
It is vital that the lawyer also is aware of how the medical profession works. This knowledge can help to demonstrate that the breach of professional obligation was a primary cause of the patient's injuries. Medical malpractice cases can be brought in Federal or State courts, and usually require expert witnesses to define the standard of medical care that was breached.
Punitive Damages
We take for granted that we can trust medical professionals to treat us with care and care. A mistake can lead to serious injuries or even death. If those errors result in an unjust death, the family members of the victims could be entitled to compensation for loss they've suffered.
These cases could involve claims against doctors, hospitals nurses, physical therapists pharmacists and diagnostic imaging technicians and even medical equipment. Since multiple parties could be responsible it is often recommended for victims to file claims against all of them in conjunction with their New York medical malpractice lawyers to determine which individuals or businesses need to be sued.
Punitive damages are designed to penalize the defendant and discourage them from repeating similar actions in the future. Punitive damages are not limited to specific harms. They can be applied to any class of people and are reserved for the most serious misconduct.
The first category of damages in medical malpractice lawsuits is reimbursement for actual financial losses, such as expenses for medical treatment and lost wages. Your New York medical negligence lawyer can assist you in determining the amount of your damages by presenting expert testimony on what constitutes a violation of normal care for the area of the case and the specialty. This is a crucial step as without this evidence, your claim could be dismissed at the initial hearing.