A Medical
Malpractice Lawyer Can Help You File a Lawsuit
A successful malpractice suit can be awarded to a patient compensation for present and future medical expenses, loss of wages in addition to disability, suffering and pain. This can help families afford needed treatment and provide some financial security for the future.
Legal malpractice claims arise when an
attorney is found to be in violation of the rules of practice when they commit negligence and causes damages to his or her client. This includes violations like the commingling of trust and personal accounts or breach of fiduciary duty, or negligence in performing a conflict check.
What is medical
malpractice law firm?
Medical malpractice refers to a physician or health professional who deviated from the accepted standard of care, resulting in injuries that could have been prevented. A New York medical negligence lawyer can assist you in filing an action against the parties responsible for your injury. Medical malpractice can be caused by many different parties, including doctors, hospitals, physical therapists, nurses and diagnostic imaging technicians, pharmacists and medical device manufacturers.
Generally for a successful medical malpractice lawsuit will require you to establish that the healthcare professional was bound by an obligation of care, they fell short of their duty, and that their breach resulted in your injuries. You will also need to show that the injury you suffered was more serious than it could have been and that damages were caused by their negligence.
The amount you receive will be based on several factors, including the cost of your actual medical care and any future medical expenses that are anticipated as well as pain and suffering etc. It is important to work with an experienced New York medical malpractice attorney who is knowledgeable about the nuances of this area of law. They will have the expertise and know-how to go through medical records thoroughly and talk to witnesses who can help support your case. They will also collaborate with medical experts to aid in proving your case.
Misdiagnosis
Failure to diagnose or misdiagnosis is one of the most prevalent types of medical malpractice claims. Doctors must adhere to established medical standards, and patients are owed the right to receive proper treatment. Even highly experienced and skilled doctors may make diagnostic errors. A mistake by itself does not constitute medical negligence. The doctor's negligence has to cause injury or harm to the patient for it to be considered a case of negligence.
A doctor could mistakenly diagnose a disease by guessing, misreading test results, or not recognizing the symptoms of a patient. This kind of malpractice, whether it's a delayed diagnosis, an incorrect diagnosis or both, could have tragic consequences. In fact, it's twice as likely to cause death as other kinds of medical negligence.
If a doctor prescribes antibiotics to a patient who is suspected of having pneumonia, it could turn out that they actually have an infection called Staph. Inappropriate treatment can cause unwanted adverse effects, health issues and even damage.
To be able to successfully file a malpractice claim for misdiagnosis, you must establish that there was a doctor-patient connection, the doctor acted in breach of his or her duty to act with competence and that the breach directly caused your injury. This requires expert testimony from a witness and proof that your illness or injury could have been prevented when you received a timely and accurate diagnosis.
Wrongful Death
Like a personal injury lawsuit, a wrongful-death lawsuit seeks to bring someone or an entity accountable for the loss. The law differs from state to state, however, most statutes contain the provision that a family may sue for a loved-one's wrongful death if it could have been prevented due to the negligent act, negligence or fault of another person. This is an expansive definition that allows for a variety of different types of claims, including medical negligence.
Close family members, usually spouses, children or parents (depending on the state's law) can bring a wrongful-death claim for the damages they've suffered due to their loved one's death. In addition to the monetary damages that are possible to award in wrongful death cases, juries are often able to decide to award non-monetary damages in the event of the pain and suffering that resulted from a loved ones' death.
The majority of wrongful death claims are civil cases, separate from any criminal charges the person who is responsible could face. However, there are some instances in which a wrongful death case may be filed with a criminal case. This is especially true if the crime involved murder, or similar crimes that could lead to jail for the culprit. Nevertheless, such cases still make use of the same evidence as other civil cases. The same rules apply to wrongful death cases just as they do in other personal injury lawsuits.
Injuries
It is important to understand that a doctor, hospital or any other medical professional does not automatically have to be liable for every incident of death or injury that occurs because of their careless actions. However, they must have departed from the standard of care normally offered in similar situations to be held responsible for malpractice.
If you've been injured by a negligent medical professional, you could be entitled to compensation for your current and future medical bills, the losses relating to your inability to work, the cost of adjusting to your injury, pain and suffering, and much more. The claim must be filed prior to the time that the statute of limitations expires. The time limit is typically 2 1/2 years from when the injury occurred.
Hospitals are not immune from medical mistakes and errors, especially in the overcrowded emergency room environments where staff members can find themselves overwhelmed and overwhelmed. The most common mistakes are making blood transfusions incorrectly as well as misdiagnosis and giving the patient a medication they are allergic to.
Attorneys must adhere to a strict code of care when offering legal services to their clients. A breach of this standard of care will usually be discovered if an impartial observer would have judged the action to be unreasonable given the circumstances and the attorney's competence and skill level.