Medical Malpractice Attorneys
Medical professionals must adhere to a certain standard of care when treating their patients. If a health professional does not meet this standard and this failure results in injuries or complications to the patient, it could be grounds for a claim for negligence.
A successful malpractice case could help pay for medical costs and also reimburse lost wages and acknowledge pain and discomfort. However, Medical Malpractice (
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Incorrect diagnosis
Misdiagnosis is among the most frequently filed medical malpractice claims. This kind of claim is typically filed by a healthcare doctor who fails to correctly diagnose a patient's illness or injury. A doctor may diagnose a patient as having pneumonia, but in reality the patient is suffering from staph. A misdiagnosis could have serious consequences, including death.
According to medical malpractice insurance companies 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 limited and may be biased toward more severe mistakes. Additionally, claims are often denied or are closed without payment, and many meritorious errors won't result in a malpractice lawsuit.
In order to be successful in bringing a medical malpractice claim the plaintiff must demonstrate that the doctor violated the standard of care in diagnosing the condition. The attorney representing the plaintiff must establish that the error of the doctor caused an injury.
The litigation process in a medical malpractice case can be expensive as well as time-consuming and emotionally charged. While the majority of medical malpractice cases are settled outside of court, attorneys and expert witnesses must invest time and money in discovery, negotiations, and trial preparation. In addition, physicians are often required to pay for their malpractice insurance premiums as the claims process proceeds. These expenses have prompted some to advocate for tort reform that would reduce the cost and speed up settlements.
Errors of Treatment
When you visit a doctor or hospital for treatment, you expect to receive medical treatment that complies with the customary guidelines of practice in your community. This includes a thorough diagnosis and a sensible treatment plan and adequate follow-up in order to ensure that your health improves. However, mistakes made by nurses, doctors and other medical professionals can be very serious and result in permanent injuries or death.
These errors may take many forms. For example an employee of a hospital may not be able to read a patient's chart and then administer the incorrect medication. This kind of error is usually seen in emergency rooms, where staff are under pressure and their time is a problem. It could also occur when a physician is treating an issue that is outside of his or her area of expertise.
Other types of errors can include prescribing wrong medications or giving patients the wrong dosage that could result in injury. These mistakes can be made by doctors, pharmacists, nurse practitioners, physician's assistants and optometrists. These errors may also include a failure to recommend or prescribe the appropriate follow-up treatment to correct the error.
Medication errors can lead to a wide range of serious injuries. Heart patients who are taking blood thinners can cause bleeding disorders that are dangerous. It may also trigger stroke. If you have suffered an injury or lost a loved one 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
If medical professionals or doctors fail to follow accepted standards of care, they could be liable for carelessness. This can occur in a variety of settings including hospitals, doctor's office, therapy clinics, and nursing homes. If a physician fails to meet those standards and the patient suffers lasting harm the doctor may be required to compensate the victim for the injury.
To prevail in a malpractice lawsuit the person who suffered the injury must prove that a physician's negligence in performing his professional duties led to the injury. This is referred to as causation and is an essential part of the legal standard. The breach must be a direct cause of the injury. The damage that was caused must be quantifiable. For instance, medical expenses or lost wages.
In cases involving medical malpractice, the plaintiff's attorney must also convince jurors that it is more probable than not that the doctor's action or inaction led to the damages alleged. This isn't easy because people's memories are not always clear or they are dependent on the arguments of the opposing side.
It is also crucial that the lawyer has a solid understanding of the medical profession and how it functions. This knowledge can be used to prove that the breach in professional duty caused the patient's injury. Medical malpractice cases are filed in state or federal courts, and typically have expert witnesses who demonstrate how the standard of care was violated.
Punitive Damages
We tend to assume that we can trust medical professionals to treat us with expertise and care. However, serious mistakes can happen and cause permanent injuries or even death. If those errors result in an unjust death, the family members of the victims could be entitled compensation for the injuries they've suffered.
In cases of wrongful death, there are claims against doctors, hospitals nurses, physical therapists pharmacists as well as diagnostic imaging technicians and even manufacturers of medical equipment. Since several parties could be involved 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 designed to punish the offender and deter them from engaging in similar conduct in the future. In contrast to compensatory damages, which are intended to remedy specific damages however, punitive damages can be applied to a broad class of people and they are typically reserved for the most serious of violations.
The first category of damages in a
medical malpractice lawsuit is a reimbursement for actual financial losses, including the cost of medical treatment and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your loss by providing an expert's opinion on what constitutes a breach of standards of care in your particular area and specialization. This is a crucial step because, without the evidence you require to support your claim it could be dismissed at the initial hearing.