Medical Malpractice Attorneys
Medical professionals must adhere to a standard of care when treating their patients. If a healthcare professional does not adhere to this standard and this negligence causes injuries or complications for the patient, it could be cause for a claim for negligence.
A successful malpractice lawsuit could aid in paying medical expenses as well as recoup lost wages and acknowledge pain and suffering. However, medical malpractice lawsuits can be complicated.
Undiagnosed
Misdiagnosis is among the most frequently filed medical malpractice claims. This type of claim usually involves a healthcare professional incorrectly diagnosing a patient with an injury or illness. For instance, a physician may diagnose a patient with pneumonia when the patient actually is suffering from staph. A mistake could result in serious consequences for the patient, including death.
According to medical malpractice insurers
medical malpractice insurers, diagnosis-related malpractice claims account for between 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. However, medical malpractice claims data is not comprehensive and could be biased towards more serious mistakes. Furthermore, claims often lapse or are dismissed without payment, and many meritorious errors will never result in a malpractice lawsuit.
In order to be successful in bringing a medical malpractice claim, the plaintiff must prove that the doctor violated 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 case can be expensive as well as time-consuming and emotionally charged. Although the majority of medical malpractice claims are settled outside of court lawyers and expert witnesses must invest time and money on discovery, negotiations and trial preparation. Additionally, doctors are often required to pay the premiums for malpractice insurance while the claims process unfolds. These expenses have prompted some to advocate for tort reform that will lower the cost and promote more timely settlements.
Treatment errors
If you visit a doctor or hospital for treatment, you expect to receive medical care that is in accordance with the standard standards of practice in your local area. This includes proper diagnosis and a sensible course of treatment, and a proper follow-up to ensure your health improves. However, errors made by doctors, nurses or other medical personnel could be devastating and result in permanent injuries or even death.
These mistakes can come in a variety forms. A hospital staff member could mistakenly read the chart of a patient and prescribe the wrong medication. This type of error is most common in emergency rooms in which staff are under pressure and their time is limited. It could also happen when a doctor is treating an illness that is not within his or her area of specialization.
Other types of errors comprise prescribing incorrect medications or giving patients a wrong dosage that results in injuries. These mistakes can be made by doctors, nurse practitioners or pharmacists, physician assistants, and optometrists. These errors can also include failing to recommend or prescribe the follow-up procedure to correct the error.
Mistakes in medication can lead to many serious injuries. For heart patients, the use of a blood thinner can lead to a serious bleeding disorder. It may also trigger a stroke. If you've suffered an injury or lost someone you love due to a medical error It is imperative to consult with an experienced New York medical malpractice lawyer to determine if you are able to pursue compensation.
Negligence
Negligence may be the result of medical professionals not following accepted standards. This can happen in a variety of settings like hospitals, doctor's office, therapy clinics and nursing homes. If a physician violates those standards and the patient suffers permanent harm the doctor may be required to compensate the victim for that injury.
To prevail in a malpractice lawsuit the person who suffered the injury must demonstrate that the physician's lapse in professional duties led to the injury. This is called causation and is a vital part of the legal requirement. The breach must be a direct cause for the injury, and the damage must be quantifiable.
In cases involving medical malpractice, the plaintiff's attorney must also convince the jury that it is more likely than not that the physician's actions or inactions led to the damages demanded. This is a challenging task because people aren't always in a clear mind or are influenced by what they think that the opposing side will argue.
It is important that the lawyer is knowledgeable of how the medical profession functions. This knowledge can be used to show that the breach of professional duty caused the patient's injury.
medical malpractice attorney malpractice cases are filed in state or federal courts, and typically involve expert witnesses who can provide evidence of how the standard care was breached.
Punitive Damages
We believe that medical professionals will provide us with the best care and professionalism. Serious errors can lead to serious injuries, or even death. If these mistakes result in wrongful death, victims and their families could be entitled to compensation for the loss they've suffered.
Wrongful death cases can include claims against hospitals, doctors, nurses, physical therapists, pharmacists as well as diagnostic imaging technicians and even the manufacturers of medical equipment. Because many parties could be accountable it's usually recommended for victims to bring claims against all of them in conjunction with their New York medical malpractice lawyers to identify which individuals or businesses should be sued.
Punitive damages aim at punishing the defendant for their actions and discourage them from repeating their actions in the future. Punitive damages don't have to be restricted to specific injuries. They can be applied to a whole class of people and are only available for extreme misconduct.
The first type of damages in a medical malpractice lawsuit is the reimbursement of actual financial losses, which include expenses for medical care and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by providing expert testimony on what constitutes a breach of standard of care within your case's locality and specialty. This is a crucial step because without this evidence, your case could be denied at the preliminary hearing.