Medical Malpractice Attorneys
Medical professionals have to meet an exacting standard of care for their patients. If a health-care provider fails to adhere to this standard and results in injuries or complications for the patient, there may be grounds for a malpractice claim.
A successful malpractice lawsuit can help pay for medical costs, reimburse lost wages, and acknowledge pain and discomfort.
Medical malpractice lawsuits can be a bit complicated.
Undiagnosed
Misdiagnosis is among the most common medical malpractice claims. This type of claim is typically brought by a health care provider who misdiagnoses an injury or illness of a patient. A doctor might identify a patient with pneumonia, when in reality the patient has staph. A mistake can have serious consequences, such as death.
According to
medical malpractice insurance companies, claims related to diagnosis comprise between 9 and 9 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. Medical malpractice claims data are limited and could be biased towards more severe errors. Most claims are closed or lapse without payment, and many meritorious mistakes will never lead to the filing of a malpractice lawsuit.
To be able to successfully file a medical malpractice claim, the plaintiff must prove that the doctor violated the standard of care when diagnosing the condition. The lawyer representing the plaintiff needs to show that the doctor's mistake directly caused an actual injury.
The process of bringing medical malpractice lawsuits can be lengthy, costly and emotionally high. Although the majority of medical malpractice claims are settled out of court lawyers and expert witnesses are required to invest time and money in negotiations, discovery, and trial preparation. Physicians are also often required to pay their malpractice costs while the claims process is developing. These expenses have led to calls for reforms to the tort system that would cut down on the costs of litigation and encourage quicker and more fair settlements.
Errors in Treatment
You expect that when you visit a physician or hospital for treatment, the medical treatment you receive will be in line to the standard of care in your area. This includes a proper diagnosis and treatment, a reasonable course of treatment, and a proper follow-up to ensure that your health improves. However, errors made by nurses, doctors, and other medical professionals can be extremely serious and cause permanent injuries, or even death.
These errors can take many forms. A hospital staff member could miss-read the chart of a patient and administer the incorrect medication. This kind of error typically occurs in emergency rooms, where staff members are under pressure and time is short. staff members are under pressure to deliver fast service. It can also happen when a doctor is treating a condition outside his or her area of expertise.
Other types of errors include prescribing incorrect medications or giving patients the wrong dosage that could result in injuries. These mistakes can be committed by doctors, nurse practitioners or pharmacists, physician assistants, and optometrists. These mistakes can also be a result of failing to recommend or prescribe the appropriate follow-up procedure to correct the error.
A mistake in the dosage of a medication can result in a variety of serious injuries. Heart patients who are taking blood thinners can cause an extremely dangerous bleeding disorder. It can also trigger stroke. If you or someone you love has been injured due to an error made by a doctor, you should consult an experienced New York medical negligence lawyer to determine whether you can seek compensation.
Negligence
When medical professionals or doctors do not adhere to accepted standards of care, they could be liable for negligence. This can happen in various settings, such as hospitals, doctor's office, therapy clinics, and nursing homes. If a doctor fails to adhere to these guidelines and the patient is permanently hurt the doctor could be liable to compensate for this harm.
To prevail in a malpractice lawsuit, the injured party must prove that a physician's breach of professional duty caused his or her injuries. Causation is a legal requirement that is essential. The breach must have been a direct cause of the injury. The damage that occurred must be quantifiable. This includes medical expenses or lost wages.
In the case of medical malpractice the attorney representing the plaintiff must also convince the jury that it is more likely than not that the doctor's actions or inaction caused the damages claimed. This isn't easy because people's memories are not always clear or they are in the hands of the other side.
It is important that the lawyer has a thorough understanding of how the medical profession functions. This knowledge can be used to prove that the breach of professional duty caused the patient's injury. Medical malpractice cases are filed in state or federal courts, and usually require expert witnesses to provide evidence of how the standard medical care was not met.
Punitive Damages
We assume that medical professionals will treat us with skill, care and professionalism. But mistakes can be serious that can cause life-long injuries or even death. If those mistakes result in wrongful death, victims and their loved ones may be entitled to compensation for the loss they've suffered.
These cases could involve lawsuits against hospitals, doctors nurses, physical therapists pharmacists as well as diagnostic imaging technicians and even the manufacturers of medical equipment. It is important to pursue everyone involved since multiple parties may be responsible. Victims must consult with their New York medical negligence lawyers to determine who or which companies are accountable.
Punitive damages are intended to punish the offender and deter them from engaging in similar conduct in the future. Punitive damages don't have to be restricted to specific injuries. They can be applied to a large class of people and are reserved for the most serious wrongdoing.
The first category of damages in medical malpractice lawsuits is the reimbursement of actual financial losses, which include medical costs and lost wages. Your New York medical negligence lawyer can assist you in determining the amount of your damages by providing expert testimony on what constitutes a violation of the standard care in the area of the case and the specialty. This is a crucial step since without this evidence, your claim may be denied at the preliminary hearing level.