Medical Malpractice AttorneysMedical professionals must follow the highest standards of care when treating their patients. If a medical professional is not able to meet this standard, and this breach causes injuries or complications for the patient, it may be grounds for a claim for malpractice.
A successful malpractice case can aid in paying medical expenses as well as recoup lost wages and acknowledge pain and suffering.
Medical malpractice lawsuits can be complex.
The wrong diagnosis
Misdiagnosis is one of the most frequent medical malpractice claims. This type of claim is usually filed by a healthcare provider who misdiagnoses the patient's condition or injury. A doctor might diagnose a patient with pneumonia when the patient is suffering from staph. A misdiagnosis can have serious consequences, including death.
According to medical malpractice insurance companies, claims related to diagnosis comprise between 9 and 9 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. Medical malpractice claims data are limited and could be biased towards more severe mistakes. In addition, claims frequently expire or are dismissed without being paid and many meritorious errors are not a cause for malpractice lawsuit.
To successfully bring an action for medical malpractice the plaintiff must show that the doctor acted in violation of the standard of care in diagnosing the condition. A lawyer representing the plaintiff must establish that the error of the doctor resulted in injury.
The litigation process in medical malpractice lawsuits can be long-winded, costly and emotionally intense. Even though the majority medical malpractice claims are settled outside of court attorneys and expert witnesses need to invest time and money on discovery, negotiations, and trial preparation. Physicians are also often required to pay for their malpractice insurance when the claims process progresses. These costs have prompted some to call for tort reform which will lower the cost and speed up settlements.
Treatment errors
You can expect that when visit a hospital or doctor to receive treatment, the medical care you receive will be in accordance with the standards of practice in your locality. This includes a correct diagnosis and a reasonable treatment program 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 errors can take on a variety of forms. A hospital staff member may misread the chart of a patient and give the wrong medication. This kind of error typically occurs in emergency rooms, where time is limited and overworked staff members are pressured to provide fast service. It can also happen when a doctor is treating an illness that is not within his or her area of expertise.
Other kinds of errors include prescribing incorrect medications or giving patients an incorrect dosage that causes injury. These errors can be committed by pharmacists, doctors nurse practitioners, physician's assistants, and optometrists. These errors may also include failing to recommend or prescribe the required follow-up treatment to rectify the error.
Medication mistakes can cause many serious injuries. Taken by heart patients, a blood thinner could cause a dangerous bleeding disorder. It could also cause a stroke. If you or someone you love is injured as a result of a medical mistake and you are concerned about the consequences, consult an experienced New York medical negligence lawyer for advice on whether you are able to pursue compensation.
Negligence
When doctors or medical professionals do not adhere to accepted standards of care, they may be found guilty of carelessness. This can occur in many different settings, like hospitals, doctors' office, therapy clinics, and nursing homes. If a doctor does not adhere to these guidelines and a patient suffers permanent harm the doctor could be liable to compensate the victim for the harm.
To prevail in a malpractice lawsuit the party who was injured must prove that the physician's breach of professional obligations caused the injury. Causation is a legal standard that is crucial. The breach must be directly responsible for the injury, and the damage that was caused must be quantifiable. For instance, lost wages or medical expenses.
In cases involving medical malpractice, the plaintiff's attorney must also convince the jury that it is more probable than not that the doctor's actions or inaction caused the damages alleged. This isn't easy because people's memories are not always clear, or they are in the hands of the other side.
It is also important that the lawyer has a thorough knowledge of the medical profession and how it works. This knowledge can help to demonstrate that the breach of professional duty was the main cause of the patient's injuries. Medical malpractice cases can be brought in Federal or State courts, and they often include expert witnesses who define the standard of medical care that was breached.
Punitive Damages
We believe that
medical malpractice lawsuit professionals will treat us with skill, care and professionalism. Errors can cause serious injuries, or even death. If these mistakes result in wrongful death, victims and their families could be entitled to compensation for losses that they have suffered.
The wrongful death case can involve lawsuits against hospitals, doctors nurses, physical therapists pharmacists and diagnostic imaging technicians and even the manufacturers of medical equipment. It is important to pursue all parties involved, as there could be multiple parties at fault. Victims must consult with their New York medical negligence lawyers to determine which people or businesses are responsible.
Punitive damages are intended to punish the offender and deter them from engaging in similar behavior in the future. Unlike compensatory damages, which are designed to address specific damages however, punitive damages can be imposed on a large group of people, and they are typically reserved for cases of extreme misconduct.
The first type of damages in medical malpractice lawsuits is a reimbursement for actual financial losses. This includes medical costs and lost wages. Your New York medical negligence lawyer can assist you in determining the amount of your damages by providing expert testimony on what is considered to be a violation of normal care for the specific location and area of the. This is an essential step because, without the evidence you need to prove your case, it may be dismissed during the initial hearing.