Medical Malpractice
AttorneysMedical professionals must adhere to a certain standard of care in their care of patients. If a healthcare provider does not adhere to this standard, and if the failure causes injuries or complications for the patient, there may be grounds for a malpractice lawsuit.
A successful malpractice case could assist in paying medical costs as well as pay back lost wages and acknowledge discomfort and pain. Medical malpractice claims can be complicated.
Undiagnosed
Medical malpractice lawsuits involving misdiagnosis are not uncommon. This type of case is typically brought by a health care provider who misdiagnoses a patient's illness or injury. A doctor may diagnose a patient as having pneumonia, but in reality the patient has staph. A misdiagnosis can have grave consequences for the patient including death.
According to medical malpractice insurance companies the diagnosis-related malpractice claims make up for between 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 towards more serious errors. Claims are often dismissed or lapsed without payment and many good errors do not result in the filing of a malpractice lawsuit.
A plaintiff must demonstrate that, in order to prevail on a case for medical malpractice that the doctor did not adhere to the standard of care when diagnosing the condition. A lawyer for the plaintiff must demonstrate that the doctor's error resulted in injury.
The litigation process in medical malpractice cases can be lengthy, costly and emotionally intense. Although the majority malpractice cases are settled in court, attorneys for both parties and experts have to devote time and money in negotiation, discovery, and trial preparation. Physicians are often required to pay for their malpractice insurance while the claims process progresses. These costs have led some to advocate for tort reform, which will reduce the cost and encourage quicker settlements.
Errors in Treatment
When you visit a physician or hospital for treatment, the medical care you receive will be in accordance to the standard of care in your community. This includes a proper diagnosis and a sensible treatment plan and the proper follow-up to ensure that your health improves. However, mistakes made by nurses, doctors, and other medical staff can be extremely serious and cause permanent injuries, or even death.
These errors may take many forms. Hospital staff members could miss-read the chart of a patient and give the wrong medication. This kind of error is common in emergency rooms in which staff are under pressure and their time is limited. It could also occur when a physician is treating an issue that is outside of their area of specialization.
Other types of mistakes include prescribing incorrect medications or giving patients a wrong dosage that causes injuries. These mistakes can be committed by nurse practitioners, doctors or pharmacists, physician assistants, and optometrists. They can also result in a failure to prescribe or recommend follow-up care that is necessary to treat the error.
Incorrect medication can result in many serious injuries. When a heart patient is taking a medication, the use of a blood thinner can lead to a dangerous bleeding disorder. It may also trigger stroke. If you have suffered an injury or lost a loved one due to a medical error it is essential to consult with a skilled New York medical malpractice lawyer to determine if you can seek compensation.
Negligence
Negligence may be the result of doctors or medical professionals not following accepted standards. This can occur in various settings, like hospitals, doctor's office, therapy clinics, and nursing homes. If a doctor violates these guidelines and the patient is permanently hurt they may be required to pay for the damage.
To prevail in a malpractice lawsuit the plaintiff must prove that the physician's breach of professional duty caused the injury. Causation is a legal standard that is crucial. The breach must be a direct cause of the injury, and the damages must be quantifiable.
In cases of
medical malpractice lawsuit malpractice attorneys representing the plaintiff must also convince jurors that it is more probable than not that the physician's actions or inactions led to the damages sought. This is a challenging task since people aren't always able to recall their actions or are in awe of what they believe that the other side is going to argue.
It is also crucial that the lawyer has a solid understanding of the medical profession and how it functions. This understanding can help show that the breach of professional obligation was a primary cause of the patient's injuries. Medical malpractice cases are filed in state or federal courts and often require expert witnesses to describe how the standard of care was violated.
Punitive Damages
We tend to assume that we can trust medical professionals to treat us with skill and care. However, serious mistakes can happen and cause permanent injuries or even death. If those errors result in wrongful death, the victims and their families could be entitled to compensation for the damages they've suffered.
These cases could involve claims against hospitals, doctors, nurses, physical therapists, pharmacists, diagnostic imaging technicians, and even the manufacturers of medical equipment. It's important to sue all the parties involved, since multiple parties may be at fault. Victims should consult their New York medical negligence lawyers to determine which people or businesses are responsible.
Punitive damages seek to penalize the defendant for their actions and deter them from repeating the same mistake in the future. Contrary to compensatory damages which are intended to remedy specific harms however, punitive damages can be imposed on a large class of people, and they are usually reserved for extreme misconduct.
In a medical malpractice case the first type of damages is the reimbursement for financial losses. This includes medical costs 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 standards of care in the area of your case and in the field of specialization. This is an essential step, as without the evidence you require to support your claim, it could be dismissed at the preliminary hearing.