Medical Malpractice AttorneysMedical professionals must comply with a standard of care when they care for their patients. If a health-care provider fails to adhere to this standard and that failure causes injuries or complications for the patient, there may be grounds for a malpractice claim.
A successful malpractice suit could assist in paying medical costs and also reimburse lost wages and acknowledge discomfort and pain.
Medical malpractice lawsuits can be a bit complicated.
Incorrect diagnosis
The misdiagnosis of a patient is among the most frequent medical malpractice claims. This kind of claim is typically filed by a healthcare provider who incorrectly diagnoses an injury or illness of a patient. For instance, a physician might diagnose a patient with pneumonia when the patient in fact is suffering from staph. A mistake in diagnosis could have serious consequences for the patient including death.
According to medical malpractice insurers the diagnosis-related malpractice claims make up for between 9 percent (obstetrics) and 61% (pediatrics) of their total claims. Medical malpractice claims are comparatively small and could be biased towards more severe mistakes. Most claims are closed or lapse without payment and many erroneous mistakes won't result in an action in a malpractice suit.
A plaintiff must demonstrate that, in order to prevail on a lawsuit for medical negligence, that the doctor didn't follow the standard of care when diagnosing the condition. The attorney representing the plaintiff must prove that the doctor's mistake caused injury.
The process of bringing a medical malpractice lawsuit can be lengthy, costly and emotionally charged. Although a majority of medical malpractice cases settle without trial, the attorneys for both parties and expert witnesses must spend time and money in negotiation, discovery, as well as trial preparation. In addition, doctors are often required to pay for their malpractice insurance premiums as the claims process proceeds. These costs have led to calls for reforms to tort law that would cut down on the cost of litigation and help to encourage quicker and fair settlements.
Errors in Treatment
You expect that when you visit a hospital or doctor for treatment, the medical treatment you receive will be in line with the standard of practice in your community. This includes a clear diagnosis and a reasonable treatment program and a proper follow-up to ensure that your health improves. However, mistakes made by doctors, nurses and other medical professionals can be severe and cause permanent injuries or even death.
These errors may take many forms. For example staff members at hospitals could misread the patient's chart and prescribe the wrong medication. This type of error is more common in emergency rooms where staff are under pressure and their time is limited. It can also happen when a physician is treating an issue outside of the scope of expertise.
Other types of errors include prescribing the wrong medication or giving patients a wrong dosage that causes injury. These mistakes can be made by pharmacists, doctors, nurse practitioners, physician's assistants, and optometrists. These mistakes can also be a result of the failure to suggest or prescribe the required follow-up treatment to rectify the error.
Mistakes in medication can lead to a variety of serious injuries. When a heart patient is taking a medication, the use of a blood thinner can lead to a serious bleeding disorder. It could also lead to stroke. If you have suffered an injury or lost your loved ones due to a medical mistake, it is crucial to speak with a seasoned New York medical malpractice lawyer to determine if you're eligible to pursue compensation.
Negligence
Negligence can be a result of medical professionals who do not adhere to accepted standards. This can occur in a variety of settings, like hospitals, doctors' office, therapy clinics, and nursing homes. If a doctor does not adhere to these rules and the patient is permanently hurt the doctor could be liable to compensate for this harm.
In order to win a malpractice claim the person who suffered the injury must show that the physician's breach of professional obligations caused his or her injuries. This is known as causation, and it is a key part of the legal requirement. The breach must have been directly responsible for the injury and the damage that was caused must be quantifiable, for example, medical or lost wages.
In cases involving medical negligence attorneys representing the plaintiff must also convince the jury that it is more likely than not that the physician's actions or inactions led to the damages sought. This can be a difficult task because people aren't always clear in their memories or are influenced by what they think that the opposing side will say.
It is also important that the lawyer has a thorough understanding of the medical profession and how it functions. This knowledge can be used to prove that the breach in professional duty caused the patient's injury. Medical malpractice cases are filed in federal or state courts, and typically have expert witnesses who demonstrate how the standard of medical care was not met.
Punitive Damages
We believe that medical professionals will treat us with skill, care and professionalism. However, mistakes of a serious nature can occur that can cause life-long injuries or even death. If the errors result in an unintentional death, the victims and their family members may be entitled to compensation for the loss they've suffered.
In cases of wrongful death, hospitals, doctors and nurses, physical therapists and pharmacists as well as diagnostic imaging technicians, as well as manufacturers of medical equipment, are liable for suing. Because multiple parties could be responsible it's usually recommended for victims to make claims against them all and work with their New York medical malpractice lawyers to determine which persons or companies should be sued.
Punitive damages aim to punish the defendant for their actions and deter them from repeating their actions in the future. Punitive damages don't have to be restricted to specific harms. They can be applied to a whole group of people and are reserved for serious misconduct.
The primary type of damages in a medical malpractice lawsuit is the reimbursement for actual financial losses. This includes medical costs and lost wages. Your New York medical negligence lawyer can assist you in determining the amount of your losses by presenting an expert opinion on what constitutes a violation of the standard care in the area of the case and the specialty. This is a crucial step, as without the evidence you require to support your claim it could be dismissed at the preliminary hearing.