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Medical professionals must adhere to an exacting standard of care for their patients. If a medical professional does not adhere to the standard of care, and this negligence causes injuries or complications for the patient, it could be grounds for a lawsuit for malpractice.
A successful malpractice lawsuit could help pay for medical expenses, reimburse lost wages and acknowledge the pain and suffering. Medical malpractice claims can be a bit complicated.
Misdiagnosis
The misdiagnosis of a patient is among the most frequent medical malpractice claims. This type of case is typically brought by a health care provider who incorrectly diagnoses an injury or illness of a patient. A physician might diagnose a patient with pneumonia, but in reality the patient is suffering from staph. A mistake in diagnosis could have serious consequences for the patient, including death.
According to medical malpractice insurance companies, diagnosis-related claims represent between 9 and 10 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. Medical malpractice claims are not as extensive and may be biased towards more serious errors. Additionally, claims are often denied or are closed without being paid and a lot of meritorious mistakes do not result in a malpractice lawsuit.
A plaintiff must prove that, in order to prevail on a claim for medical malpractice, that the doctor failed to follow the standard of care when diagnosing the condition. A lawyer for the plaintiff must demonstrate that the doctor's error resulted in injury.
The process of litigation in a medical malpractice case can be expensive time-consuming, emotionally charged and lengthy. Although the majority of medical malpractice cases are settled out of court, the attorneys for both parties and experts must devote time and money in negotiation, discovery, as well as trial preparation. Physicians are also frequently required to pay for their malpractice insurance as the claims process is unfolding. This has led to demands for reforms in tort law which could reduce the cost of litigation and help to encourage quicker and more fair settlements.
Treatment Errors
You expect that when you visit a hospital or doctor to receive treatment, the care you receive will be in line to the standard of care in your locality. This includes a correct diagnosis and a sensible treatment plan and the proper follow-up to ensure that your health improves. But mistakes made by doctors, nurses and other medical professionals can be extremely serious and could cause permanent injuries or death.
These errors can take many forms. For instance, a hospital staff member could misread the patient's chart and then administer the wrong medication. This kind of error is most common in emergency rooms in which staff are under pressure and time is a problem. It could also occur when a doctor is treating an illness that is not within his or her area of expertise.
Other types of errors include prescribing the wrong medication or giving patients the wrong dose, which can result in injury. These errors can be committed by pharmacists, doctors, nurse practitioners, physician's assistants and optometrists. These errors may also include the failure to suggest or prescribe the necessary follow-up treatment to rectify the error.
Medication mistakes can cause numerous serious injuries. When a heart patient is taking a medication, a blood thinner can trigger a dangerous bleeding disorder. It may also trigger stroke. If you have suffered an injury or lost your loved ones due to a medical mistake it is vital to speak with a seasoned New York medical malpractice lawyer to determine if you're eligible to seek compensation.
Negligence
When medical professionals or doctors do not adhere to accepted standards of care, they could be liable for carelessness. This can occur in many different settings, such as hospitals, doctor's office, therapy clinics, and nursing homes. If a doctor violates these guidelines and the patient suffers permanent harm it could be necessary to compensate for the harm.
In order to win a malpractice case the party who was injured must show that the doctor's breach in their professional duties led to the injuries. Causation is a legal standard that is essential. The breach has to be directly responsible for the injury. The damage that occurred must be quantifiable. This includes medical expenses or lost wages.
In cases involving medical malpractice the attorney representing the plaintiff must convince the jury that it is more likely than not that the doctor's action or inaction led to the damages sought. This can be difficult because people's memories are not always clear or they are dependent on the arguments of the opposing side.
It is also important that the lawyer has a deep understanding of the medical profession and how it operates. This knowledge can be used to show that the breach of 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 not met.
Punitive Damages
We are often conditioned to believe that we can trust medical professionals to treat us with skill and care. Serious errors can lead to serious injuries or even death. If the errors result in an unintentional death, the victims and their families may be entitled to compensation for the losses they've suffered.
Wrongful death cases can include claims against doctors, hospitals nurses, physical therapists pharmacists as well as diagnostic imaging technicians and even manufacturers of medical equipment. Because several parties could be involved it's usually recommended for victims to file claims against them all in conjunction with their New York medical malpractice lawyers to determine which individuals or businesses should be sued.
Punitive damages seek to penalize the defendant for their actions and prevent them from repeating the same mistake in the future. Punitive damages do not have to be limited to specific damages. They can be applied to a whole category of people, and are reserved for extreme wrongdoing.
The primary category of damages in the
medical malpractice lawsuit is a reimbursement for actual financial losses. This includes 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 opinion on what constitutes a breach of the standard of care in your case's locality and specialty. This is an essential step because, without the evidence you require to support your claim, it could be dismissed during the initial hearing.