Medical Malpractice Attorneys
Medical professionals must comply with the requirements of a certain standard of treatment for their patients. If a healthcare provider fails to adhere to this standard, and if the failure results in injuries or other complications for the patient, there may be grounds for a malpractice claim.
A successful malpractice lawsuit may help pay for medical costs as well as pay back lost wages and acknowledge pain and discomfort. Medical malpractice claims can be complicated.
Undiagnosed
Medical malpractice claims that involve incorrect diagnosis are common. This type of claim usually involves a healthcare professional not correctly diagnosing a patient with an illness or injury. A physician might identify a patient with pneumonia when the patient is suffering from staph. A mistake can have serious consequences, such as death.
According to medical malpractice insurance companies, diagnosis-related claims comprise between 9 and 9 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. Medical malpractice claims data are limited and could be biased towards more serious errors. Furthermore, claims often lapse or are dismissed without being paid and a lot of meritorious mistakes won't result in a malpractice lawsuit.
A plaintiff must demonstrate, in order to win an action for medical malpractice, that the doctor failed to follow the standard of care when diagnosing the condition. A lawyer representing the plaintiff must demonstrate that the doctor's error caused an injury.
The process of bringing
medical malpractice lawsuits can be lengthy, costly and emotionally charged. Although the majority malpractice cases settle without trial, the attorneys for both parties and experts have to devote time and money on discovery, negotiation, and trial preparation. Physicians are also frequently required to pay malpractice insurance while the claims process progresses. These expenses have led to calls for tort reform which would lower the cost of litigation and promote faster 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 standards of practice in your area. This includes a clear diagnosis and a reasonable treatment program and proper follow-up to ensure that your health improves. However, errors made by doctors, nurses and other medical professionals can be devastating and cause permanent injuries, or even death.
These errors can take many forms. For example an employee of a hospital could misread the patient's chart and then administer the wrong medication. This kind of error usually occurs in emergency rooms where the time available is limited and staff members are under pressure to provide quick service. This could also happen when a doctor treats a condition which is outside his or her area of expertise.
Other types of errors include prescribing the wrong medications or giving patients an incorrect dosage that results in injuries. These errors can be committed by doctors, pharmacists, nurse practitioners, physician's assistants and optometrists. They could also result in a failure to prescribe or recommend follow-up care necessary to treat the problem.
Medication mistakes can cause many serious injuries. Taken by heart patients, a blood thinner could cause a serious bleeding disorder. It may also trigger stroke. If you or a loved one has been injured due to an error in medicine it is recommended that you consult an experienced New York medical negligence lawyer to determine if you're eligible to claim compensation.
Negligence
Negligence could be the result of medical professionals failing to follow accepted standards. This can occur in a variety of settings, including hospitals, doctors' offices, therapy clinics and nursing homes. If a doctor violates these guidelines and the patient suffers permanent harm the doctor may be required to pay compensation for that injury.
To prevail in a malpractice lawsuit, the injured party must show that the doctor's breach in professional obligations caused his or her injuries. This is called causation and it is a key part of the legal requirement. The breach must be directly responsible for the injury and the damages that occurred must be quantifiable, such as medical expenses or lost wages.
In the case of medical malpractice an attorney for a plaintiff must convince jurors that it is more likely than not that a doctor's actions or inactions caused the damages sought. This can be a difficult task as people are not always in a clear mind or are guided by their beliefs about the case that the opposing side will say.
It is also crucial that the lawyer has a deep knowledge of the medical profession and how it functions. This understanding can help 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. They usually include expert witnesses who provide the standard of care that was violated.
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. If these mistakes result in a wrongful demise, the family members of the victims could be entitled compensation for the losses that they have suffered.
In cases of wrongful death hospitals, doctors and nurses, physical therapists and pharmacists, as well as diagnostic imaging technicians and manufacturers of medical equipment could be sued. Because many parties could be accountable it is often recommended for victims to make claims against all of them while working with their New York medical malpractice lawyers to determine which people or businesses need to be sued.
Punitive damages aim to punish the defendant for their conduct and discourage them from repeating the same mistake in the future. Punitive damages don't have to be restricted to specific injuries. They can be applied to any category of people, and are reserved for serious infractions.
The primary type of damages in
medical malpractice law firm malpractice lawsuits (
Artrecord.kr) is the reimbursement of actual financial losses, which include expenses for medical care and lost wages. Your New York medical negligence lawyer can help you determine the amount of your losses by presenting expert testimony on what is considered to be a violation of standard care in the area of the case and the specialty. This is an essential step because, without the evidence you need to prove your case, it could be dismissed in the initial hearing.