Medical Malpractice AttorneysMedical professionals must adhere to the requirements of a certain standard of treatment for their patients. If a medical professional is not able to meet this standard and that failure causes injuries or complications for the patient, there could be grounds for a malpractice claim.
A successful malpractice lawsuit could aid in the payment of medical expenses, reimburse lost wages and acknowledge pain and suffering. However, medical malpractice lawsuits can be complicated.
Misdiagnosis
Medical malpractice lawsuits involving misdiagnosis are quite common. This type of claim typically involves a medical professional incorrectly diagnosing a patient with an illness or injury. For example, a physician may diagnose a patient with pneumonia when in reality the patient has a staph infection. A mistake could result in serious consequences for the patient including death.
According to medical malpractice insurers, diagnosis-related malpractice claims account for between 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims.
medical malpractice attorney malpractice claims data are limited and may be biased towards more serious mistakes. In addition, claims frequently expire or are closed without being paid and a large number of errors that are meritorious are not a cause for malpractice lawsuit.
To be able to successfully file an action for medical malpractice, a plaintiff must prove that the doctor did not follow the standard of care when diagnosing the condition. A lawyer for the plaintiff must prove that the doctor's mistake caused an injury.
The litigation process in
medical malpractice cases can be lengthy, costly and emotionally intense. Even though the majority medical malpractice claims are settled out of court attorneys and expert witnesses need to invest time and money on negotiations, discovery, and trial preparation. In addition, physicians are often forced to pay the malpractice insurance premiums as the claims process proceeds. These expenses have prompted some to advocate for tort reform, which would reduce the cost and speed up settlements.
Errors in Treatment
When you go to a doctor or a hospital for treatment, the medical care you receive will be in accordance to the standard of care in your locality. This includes accurate diagnosis and a suitable course of treatment, and a proper monitoring to ensure that your health improves. However, errors made by nurses, doctors and other medical personnel could be fatal and result in permanent injuries or even death.
These mistakes can take a variety of forms. For example an employee of a hospital may not be able to read a patient's chart and then administer the incorrect medication. This kind of error is most common in emergency rooms where staff members are under pressure and their time is a problem. It could also happen when a physician treats an illness that is not within his or her area of expertise.
Other types of mistakes include prescribing the wrong medications or giving patients a wrong dosage that causes injury. These mistakes can be made by doctors, pharmacists, nurse practitioners, physician's assistants, and optometrists. They could also result in the failure to prescribe or recommend follow-up treatment needed to treat the problem.
A mistake in the dosage of a medication can result in a variety of serious injuries. For example, taking an anticoagulant that is specifically designed for patients with heart problems could result in a risky bleeding disorder or result in stroke. If you've suffered an injury or lost someone you love due to a medical mistake It is imperative to consult a knowledgeable New York medical malpractice lawyer to determine if you're eligible to seek compensation.
Negligence
Negligence could be the result of medical professionals not adhering to accepted standards. This can happen in a variety of environments, including hospitals therapy clinics, doctor's offices and nursing homes. If a doctor fails to adhere to these standards and the patient is permanently hurt, they could be required to pay for the damage.
To prevail in a malpractice lawsuit, the injured party must demonstrate that the physician's lapse in professional obligations caused the injuries. This is referred to as causation and it is a key part of the legal requirement. The breach must be the direct cause of the injury, and the damages must be quantifiable.
In cases of medical malpractice the attorney representing the plaintiff must also convince the jury that it is more probable than not that the physician's action or inaction led to the damages demanded. This can be a difficult task since people aren't always in a clear mind or are guided by their beliefs about the case that the opposing side is going to argue.
It is important that the lawyer also has a good understanding of how the medical field operates. This knowledge can be used to show that the breach of professional duty led to the patient's injury. Medical malpractice cases are filed in federal or state courts and often require expert witnesses to provide evidence of how the standard care was breached.
Punitive Damages
We often assume that medical professionals will provide us with the best care and professionalism. However, serious mistakes can happen which can lead to permanent injuries or even death. If these errors lead to an unjust death, the victims and their families could be entitled to compensation for damages they've suffered.
In cases of wrongful death, there are claims against doctors, hospitals nurses, physical therapists, pharmacists, diagnostic imaging technicians, and even medical equipment. Because several parties could be involved, it's often advisable for victims to bring claims against all of them, working with their New York medical malpractice lawyers to identify which individuals or businesses should be sued.
Punitive damages are intended to penalize the defendant and discourage them from engaging in similar behavior in the future. As opposed to compensatory damages that are designed to address specific damages however, punitive damages can be applied to an entire group of people, and they are typically reserved for the most serious of violations.
In a medical malpractice case the first type of damages is the reimbursement for financial losses. This includes medical expenses and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by presenting expert testimony regarding what constitutes a breach of standard of care in your case's locality and specialty. This is an important step as without this evidence, your case could be dismissed at the initial hearing.