Medical Malpractice AttorneysMedical professionals must follow a standard of care in their care of patients. If a health care provider does not adhere to the standard of care, and this failure results in injuries or complications for the patient, it could be grounds for a claim for negligence.
A successful malpractice suit can help pay for medical expenses as well as recoup lost wages and acknowledge the pain and suffering. Medical malpractice claims can be complicated.
Incorrect diagnosis
The misdiagnosis of a patient is among the most frequent
medical malpractice claims. This kind of claim is typically filed by a healthcare practitioner who incorrectly diagnoses a patient's illness or injury. A physician may identify a patient with pneumonia when the patient has staph. A misdiagnosis can have grave 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. Medical malpractice claims are not as extensive and may be biased towards more serious errors. Additionally, claims are often denied or are closed without payment and many meritorious errors are not a cause for malpractice lawsuit.
To be able to successfully file an action for medical malpractice the plaintiff must demonstrate that the doctor acted in violation of the standard of care when diagnosing the condition. The lawyer representing the plaintiff must show that the doctor's mistake directly caused an actual injury.
The litigation process in medical malpractice cases can be time-consuming, expensive and emotionally demanding. While the majority of medical malpractice claims are settled out of court attorneys and expert witnesses have to invest time and money in negotiations, discovery and trial preparation. Physicians are often required to pay for their malpractice insurance when the claims process progresses. This has led to calls for reforms to the tort system which would lower the costs of litigation and encourage quicker and more fair settlements.
Errors in Treatment
You should expect that when you visit a hospital or doctor for treatment, the medical treatment you receive will be in line with the standard of practice in your area. This includes a correct diagnosis, a reasonable treatment plan and adequate follow-up in order to ensure that your health improves. However, errors made by nurses, doctors or other medical personnel can be extremely serious and could cause permanent injuries or death.
These errors can take on a variety of forms. For example staff members at hospitals might misread a patient's chart and prescribe the wrong medication. This kind of error typically occurs in emergency rooms where there is a short time frame and staff members are under pressure to provide fast service. This can also happen if the doctor treats a problem that is not within their expertise.
Other types of mistakes include prescribing incorrect medications or prescribing patients with the wrong dosage which could cause injuries. These errors can be committed by pharmacists, doctors nurse practitioners, physician's assistants and optometrists. These mistakes can also be a result of a failure to recommend or prescribe the required follow-up treatment to correct the error.
Medication errors can lead to a wide range of serious injuries. Heart patients who are taking a blood thinner can trigger bleeding disorders that are dangerous. It may also trigger a stroke. If you or someone you love was injured by an error in medical care, you should consult an experienced New York medical negligence lawyer to determine if you are eligible to pursue compensation.
Negligence
Negligence can be a result of doctors or medical professionals not following accepted standards. This can occur in a variety of places, such as hospitals, therapy clinics, doctor's offices, and nursing homes. If a doctor violates these guidelines and a patient suffers permanent harm it could be necessary to compensate the victim for the harm.
To prevail in a malpractice lawsuit the party who was injured has to show that the doctor's breach in professional obligations caused his or her injuries. Causation is a legal requirement that is essential. The breach must be directly responsible for the injury and the damages that occurred must be quantifiable. This includes medical expenses or lost wages.
In cases involving medical negligence the attorney representing the plaintiff must also convince the jury that it is more likely than not that the physician's actions or inaction caused the damages alleged. This is a challenging job since people aren't always clear in their memories or are in awe of what they believe that the opposing side is going to argue.
It is important that the lawyer also has a thorough understanding of how the medical profession operates. This knowledge can assist in demonstrate that the breach of professional duty was a direct cause of the patient's injuries. Medical malpractice cases can be filed in federal or state courts, and they often require an expert witness to describe the standard of care that was violated.
Punitive Damages
We assume that medical professionals will provide us with the best care and professionalism. Incorrect treatment can result in serious injuries or even death. If the errors result in a wrongful death, victims and their families may be entitled to compensation for the losses they've suffered.
In the case of wrongful deaths hospitals, doctors, nurses, physical therapists and pharmacists as well as diagnostic imaging technicians and manufacturers of medical equipment, can be sued. Because multiple parties could be responsible in a case, it's generally recommended for victims to claim against them all in conjunction with their New York medical malpractice lawyers to identify which individuals or businesses should be sued.
Punitive damages are intended to punish the offender and discourage them from engaging in similar conduct in the future. Punitive damages do not have to be limited to specific harms. They can be applied to a whole class of people and are reserved for serious misconduct.
In a case of medical malpractice, the first category of damages is compensation for financial losses. This includes medical costs and lost wages. Your New York medical negligence lawyer can assist you in determining the amount of your losses by presenting an expert opinion on what is considered to be a violation of standard of care in the particular specific location and area of the. This is an important step because, without this evidence, your claim could be denied at the preliminary hearing level.