Medical Malpractice Attorneys
Medical professionals must adhere to a certain standard of care when treating their patients. If a health professional is not able to meet this standard and this failure results in injuries or complications to the patient, it may be cause for a claim for malpractice.
A successful malpractice case can assist in the payment of medical costs or reimburse lost wages. It can also acknowledge the pain and suffering. However, medical malpractice lawsuits are often complex.
Misdiagnosis
Medical malpractice claims that involve incorrect diagnosis are common. This type of case is typically filed by a healthcare provider who misdiagnoses the patient's condition or injury. For instance, a physician may diagnose a patient with pneumonia when in reality the patient is suffering from staph. A misdiagnosis can have serious consequences, including death.
According to medical malpractice insurance companies, claims related to diagnosis comprise between 9 and 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 severe errors. Claims are often dismissed or lapsed without payment and a lot of good mistakes will never lead to the filing of a malpractice lawsuit.
In order to be successful in bringing an action for medical malpractice the plaintiff must demonstrate that the doctor acted in violation of the standard of care in diagnosing the condition. The lawyer representing the plaintiff must prove that the doctor's error directly triggered an injury.
The process of bringing
medical malpractice lawsuits can be lengthy, costly and emotionally demanding. Even though the majority medical malpractice claims are settled out of court lawyers and expert witnesses have to spend time and money on negotiations, discovery, and trial preparation. In addition, physicians are often forced to pay their malpractice insurance premiums while the claims process is in progress. These expenses have led to calls for reforms to tort law that would cut down on the cost of litigation and promote quicker and fair settlements.
Errors of Treatment
When you visit a physician or hospital for treatment, you expect to receive medical treatment that conforms to the accepted guidelines of practice in your local area. This includes a thorough diagnosis and a reasonable treatment plan and the proper follow-up to ensure that your health improves. However, errors made by nurses, doctors, or other medical personnel could be serious and cause permanent injuries, or even death.
These errors can take on a variety of forms. A hospital staff member could misread the chart of a patient and then administer the wrong medication. This type of error usually occurs in emergency rooms where there is a short time frame and staff members are under pressure to offer quick service. It can also happen when a doctor is treating an issue that is outside of the scope of expertise.
Other types of mistakes include prescribing wrong medications or giving patients the wrong dosage, which can result in injuries. These mistakes can be made by doctors, nurse practitioners, physician assistants, pharmacists and optometrists. They could also result in the failure to prescribe or suggest follow-up care necessary to treat the error.
Incorrect medication can result in an array of serious injuries. Heart patients who are taking a blood thinner can trigger bleeding disorders that are dangerous. It could also lead to stroke. If you've suffered an injury or lost someone you love due to a medical mistake it is vital to consult a knowledgeable New York medical malpractice lawyer to determine if you're eligible to pursue compensation.
Negligence
Negligence can be a result of medical professionals who do not adhere to accepted standards. This can happen in many settings, including hospitals, therapy clinics, doctor's offices, and nursing homes. If a doctor violates these rules and the patient suffers permanent harm it could be necessary to pay for the damage.
To prevail in a malpractice lawsuit the person who suffered the injury must prove that the physician's breach in their professional duties led to the injuries. Causation is a legal standard that is crucial. The breach must be a direct cause for the injury, and the damage must be quantifiable.
In the case of medical malpractice lawyers representing plaintiffs must also convince the juror that it is more likely than not that the physician's actions or inactions contributed to the damages sought. This can be a difficult task as people are not always able to recall their actions or are guided by their beliefs about the case that the other side will say.
It is vital that the lawyer also has a thorough understanding of how the medical field operates. This knowledge can be used to show that the breach of professional duties led to the patient's injury. Medical malpractice cases can be filed in federal or state courts. They usually require expert witnesses to provide the standard of care that was breached.
Punitive Damages
We believe that medical professionals will treat us with skill, care and professionalism. Incorrect treatment can result in serious injuries or even death. When those errors lead to wrongful death, victims and their loved ones may be entitled to compensation for the loss they've suffered.
These cases could involve claims against hospitals, doctors nurses, physical therapists pharmacists as well as diagnostic imaging technicians and even the manufacturers of medical equipment. Because multiple parties could be at fault in a case, it's generally recommended for victims to file claims against all of them, working with their New York
medical malpractice lawyers to identify which individuals or companies need to be sued.
Punitive damages are intended to penalize the defendant and discourage them from repeating the same behavior in the future. Punitive damages aren't limited to specific ailments. They can be applied to a broad category of people, and are only available for extreme misconduct.
The first category of damages in medical malpractice lawsuits is a reimbursement for actual financial losses. This includes the cost of medical treatment and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by giving expert testimony on what constitutes a breach of the standard of care in your particular area and specialization. This is a crucial step as without this evidence, your claim may be dismissed at the initial hearing.