Medical Malpractice AttorneysMedical professionals must adhere to a standard of care when they care for their patients. If a health care provider is not able to meet this standard and that failure results in injuries or other complications for the patient, there may be grounds for a malpractice claim.
A successful malpractice suit could aid in the payment of medical expenses, reimburse lost wages, as well as acknowledge pain and discomfort. Medical malpractice claims aren't always straightforward.
The wrong diagnosis
The misdiagnosis of a patient is among the most frequent
medical malpractice lawyers malpractice claims. This type of claim is usually brought by a health care provider who incorrectly diagnoses an injury or illness in a patient. For example, a physician might diagnose a patient with pneumonia when in reality the patient suffers from staph. A misdiagnosis could cause serious consequences for the patient, including death.
According to medical malpractice insurers medical malpractice insurers, diagnosis-related malpractice claims account for 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. However the data on medical malpractice claims isn't extensive and may be biased toward more severe mistakes. Furthermore, many claims fall through or are closed without payment and a large number of errors that are meritorious will never result in a malpractice lawsuit.
A plaintiff must demonstrate that, in order to prevail on an action for medical malpractice, that the doctor failed to follow the standard of care when diagnosing the condition. The attorney representing the plaintiff must prove that the doctor's mistake resulted in injury.
The process of bringing a medical malpractice case can be expensive as well as time-consuming and emotionally charged. Although the majority malpractice cases are settled out of court, the attorneys for both parties and experts have to devote time and resources in discovery, negotiation, and trial preparation. Physicians are often required to pay their malpractice premiums while the claims process is developing. These costs have led to calls for reforms to tort law, which would reduce the cost of litigation and promote more timely and fair settlements.
Errors in Treatment
You should expect that when you visit a physician or hospital for treatment, the medical attention you receive will be in line with the standard of practice in your area. This includes a correct diagnosis, a reasonable treatment plan and appropriate follow-up to ensure your health improves. However, errors made by nurses, doctors or other medical personnel could be fatal and cause permanent injuries or death.
These mistakes can come in a variety forms. For example staff members at hospitals could misread the patient's chart and then administer the incorrect medication. This type of error is usually seen in emergency rooms where staff members are under pressure and time is a problem. It can also happen when a doctor is treating an illness that is not within the scope of expertise.
Other types of errors comprise prescribing the wrong medications or giving patients the wrong dosage that results in injuries. These errors can be made by doctors, nurse practitioners and pharmacists, physician assistants and optometrists. They could also result in a failure to prescribe or recommend follow-up care that is necessary to treat the problem.
Mistakes in medication can cause an array of serious injuries. For instance, consuming a blood thinner that is specifically designed for heart patients could cause a bleeding disorder or cause the patient to suffer stroke. If you have 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're eligible to pursue compensation.
Negligence
Negligence can be a result of medical professionals failing to follow accepted standards. This can happen in various settings, including hospitals, doctor's office, therapy clinics and nursing homes. If a doctor does not adhere to these rules and the patient suffers permanent harm the doctor could be liable to compensate the victim for the harm.
To prevail in a malpractice lawsuit the person who suffered the injury must prove that the physician's breach in professional duties led to the injuries. This is known as causation, and is a vital part of the legal standard. The breach must have been directly responsible for the injury and the damage that was caused must be quantifiable. This includes lost wages or medical expenses.
In cases of medical malpractice attorneys representing the plaintiff must also convince the jury that it is more probable than not that the doctor's actions or inactions led to the damages sought. This can be a difficult job since people aren't always in the clear or are guided by their beliefs about the case that the opposing side is going to argue.
It is also crucial that the lawyer has a strong understanding of the
medical Malpractice Lawsuits profession and how it works. This knowledge can be used to show that the breach of professional duties led to the patient's injury. Medical malpractice cases are filed in state or federal courts and often include expert witnesses who provide evidence of how the standard care was breached.
Punitive Damages
We often assume that medical professionals will treat us with skill, care and professionalism. Incorrect treatment can result in serious injuries, or even death. If the errors result in wrongful death, victims and their family members may be entitled to compensation for the loss they've suffered.
In cases of wrongful death, there are lawsuits against hospitals, doctors, nurses, physical therapists, pharmacists diagnostic imaging technicians and even manufacturers of medical equipment. It is important to pursue all the parties involved, since many parties could be at fault. Victims should work with their New York medical negligence lawyers to determine who or which businesses are responsible.
Punitive damages are designed to punish the defendant for their actions and discourage them from repeating their actions in the future. As opposed to compensatory damages that are intended to remedy specific harms, punitive damages can be applied to a whole class of people, and they are typically reserved for those who have committed serious misconduct.
In a case of medical malpractice, the first category of damages is 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 losses by presenting an expert's opinion on what constitutes a breach of standard of care within the specific area of your case as well as in the specialty. This is a crucial step, as without the evidence you require to prove your case, it may be dismissed during the initial hearing.