Medical Malpractice AttorneysMedical professionals must meet an established standard of care for their patients. If a medical professional fails to adhere this standard, and this breach causes injuries or complications to the patient, it could be grounds for a lawsuit for malpractice.
A successful malpractice case can assist in the payment of medical costs, reimburse lost wages and acknowledge the pain and suffering. Medical malpractice claims aren't always straightforward.
Incorrect diagnosis
The misdiagnosis of a patient is among the most frequent medical malpractice claims. This type of claim typically involves a healthcare professional wrongly diagnosing a patient suffering from an injury or illness. A doctor may diagnose a patient as having pneumonia, when in reality the patient has staph. A misdiagnosis could cause serious consequences for the patient, including death.
According to medical malpractice insurance companies, claims related to diagnosis comprise between 9 percent and 91 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. Medical malpractice claims data are not comprehensive and may be biased towards more severe mistakes. Furthermore, many claims fall through or are closed without payment, and many meritorious errors are not a cause for malpractice lawsuit.
To be able to successfully file a medical malpractice claim, a plaintiff must prove that the doctor violated the standard of care when diagnosing the condition. A plaintiff's lawyer must also show that the doctor's mistake directly caused an actual injury.
The process of bringing a
medical malpractice lawsuit can be lengthy, costly and emotionally intense. While the majority of medical malpractice cases are settled out of court, attorneys for both parties and experts must devote time and money in negotiations, discovery, and trial preparation. Doctors are also often required to pay their malpractice premiums when the claims process is unfolding. These expenses have prompted some to call for reforms to tort law that would reduce the cost and speed up settlements.
Errors in Treatment
When you visit a physician or hospital to receive treatment, you are expected to receive medical attention that is in accordance with the standard guidelines of practice in your area. This includes a correct diagnosis and a reasonable treatment program and proper follow-up to ensure that your health improves. However, mistakes made by doctors, nurses and other medical professionals can be severe and result in permanent injuries or even death.
These errors can take on a variety of forms. A hospital staff member could misread the patient's chart and give the wrong medication. This type of error is more common in emergency rooms where staff are under pressure and time is a problem. This is also the case when the doctor treats a problem that is outside of his or her expertise.
Other types of errors include prescribing incorrect medications or giving patients the wrong dosage which could cause injury. These errors can be committed by doctors, pharmacists, nurse practitioners, physician's assistants and optometrists. These errors can also include failing to recommend or prescribe the follow-up procedure to rectify the error.
Mistakes in medication can cause a wide range of serious injuries. For instance, consuming an unapproved blood thinner that's specifically designed for patients with heart problems could result in a risky bleeding disorder or result in stroke. If you or a loved one has been injured by an error in medical care, you should consult an experienced New York medical negligence lawyer for advice on whether you are able to claim compensation.
Negligence
If medical professionals or doctors fail to adhere to accepted standards of care, they may be found guilty of negligence. This could happen in a variety environments, including hospitals doctor's offices, therapy clinics and nursing homes. If a doctor violates these guidelines and the patient suffers permanent harm they may be required to compensate the victim for the harm.
In order to win a malpractice claim the person who suffered the injury must prove that the physician's breach of professional duties caused his or her injuries. This is known as causation, and is a vital element of the legal standard. The breach must be a direct cause of the injury, and the damage must be quantifiable.
In the event of medical malpractice, a plaintiff's lawyer must also convince the juror that it is more likely than not that a physician's actions or inactions caused the damages sought. This is a challenging task since people aren't always clear in their memories or are in awe of what they believe that the opposing side is going to argue.
It is also crucial that the lawyer has a solid knowledge of the medical profession and the way it functions. This knowledge can help to show 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, and they often require an expert witness to provide the standard of care that was breached.
Punitive Damages
We take for granted that we can trust medical professionals to treat us with skill and care. But serious errors can occur, leading to lifelong injuries or even death. If these mistakes result in wrongful death, the victims and their families could be entitled compensation for the losses that they have suffered.
In cases of wrongful death hospitals, doctors, nurses as well as pharmacists and physical therapists and diagnostic imaging technicians and manufacturers of medical equipment are all liable to be sued. It's important to sue all the parties involved, since several parties could be responsible. Victims should consult their New York medical negligence lawyers to determine which people or companies are accountable.
Punitive damages aim to punish the defendant for their actions and prevent them from repeating the same mistake in the future. Punitive damages aren't limited to specific injuries. They can be applied to a broad category of people and are only available for extreme violations.
In a case of medical malpractice the first type of damages is compensation for financial losses. This includes medical costs and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your loss by providing expert testimony regarding what constitutes a breach of standards of care in the specific area of your case as well as in the specialty. This is a crucial step, as without the evidence you require to prove your claim, it could be dismissed in the initial hearing.