Medical Malpractice Attorneys
Medical professionals have to meet an established standard of care for their patients. If a health care provider does not meet this standard and this failure causes injuries or complications for the patient, it may be grounds for a lawsuit for malpractice.
A successful malpractice lawsuit could aid in the payment of medical expenses or reimburse lost wages. It can also acknowledge the pain and suffering. However, medical malpractice lawsuits are usually complicated.
Misdiagnosis
Medical malpractice lawsuits involving misdiagnosis are not uncommon. This type of claim is usually brought by a health care provider who misdiagnoses the patient's condition or injury. A physician may diagnose a patient as having pneumonia when in fact the patient is suffering from staph. A mistake in diagnosis can have grave consequences, including death.
According to medical malpractice insurers medical malpractice insurers, diagnosis-related malpractice claims account for between 9 percent (obstetrics) and 61% (pediatrics) of their total claims. However the information on medical malpractice claims isn't extensive and may be biased toward more severe mistakes. Additionally, claims are often denied or are closed without being paid and many meritorious errors will never result in a malpractice lawsuit.
To be able to successfully file an action for medical malpractice the plaintiff must show that the doctor violated the standard of care when diagnosing the condition. The lawyer representing the plaintiff needs to prove that the doctor's error directly triggered an injury.
The litigation process in a
medical malpractice lawsuit is time-consuming, costly and emotionally intense. Even though the majority of medical malpractice claims are settled out of court, attorneys and expert witnesses must invest time and money in negotiations, discovery, and trial preparation. Physicians are often required to pay their malpractice premiums when the claims process unfolds. These expenses have led some to advocate for tort reform that will reduce the cost and speed up settlements.
Treatment errors
You should expect that when you go to a doctor or a hospital to receive treatment, the care you receive will be in line with the standard of care in your area. This includes a clear diagnosis, a reasonable treatment plan and proper follow-up to ensure that your health improves. However, errors made by doctors, nurses and other medical personnel can be devastating and cause permanent injuries or even death.
These errors can take on a variety of forms. A hospital staff member may mistakenly read the patient's chart and then administer the wrong medication. This type of mistake typically occurs in emergency rooms where time is limited and overworked staff members are pressured to deliver fast service. It could also happen when a physician is treating a condition outside his or her area of expertise.
Other types of errors can include prescribing wrong medications or prescribing the wrong dosage to patients that could result in injury. These errors can be committed by pharmacists, doctors nurse practitioners, physician's assistants and optometrists. These errors can also include a failure to recommend or prescribe the required follow-up procedure to fix the mistake.
Medication mistakes can cause various serious injuries. For example, taking an unapproved blood thinner that's specifically designed for patients with heart problems could lead to a dangerous bleeding disorder or cause the patient to suffer stroke. If you have suffered an injury or lost your loved ones due to a medical mistake It is imperative to speak with a seasoned New York medical malpractice lawyer to determine whether you can pursue compensation.
Negligence
Negligence can result of doctors or medical professionals not adhering to accepted standards. This could happen in a variety settings, including hospitals, therapy clinics, doctor's offices, and nursing homes. If a doctor fails to adhere to these rules and the patient suffers permanent harm they may be required to compensate the victim for the harm.
To win a malpractice case the plaintiff must prove that a physician's breach of professional duties caused his or her injuries. This is referred to as causation and it is a key part of the legal standard. The breach must have been a direct cause of the injury and the damage that was caused must be quantifiable. This includes medical or lost wages.
In cases of medical malpractice the lawyer representing the plaintiff must also convince the juror that it is more likely than not that the physician's actions or inactions contributed to the damages sought. This can be a difficult job since people aren't always in the clear or are affected by the opinions that the other side will argue.
It is essential that the lawyer also has a good understanding of how the medical field operates. This understanding can help establish that the breach of professional duty was a direct cause of the patient's injuries. Medical malpractice cases are filed in state or federal courts, and usually require expert witnesses to explain how the standard of care was violated.
Punitive Damages
We take for granted that we can trust medical professionals to treat us with skill and care. A mistake can lead to serious injuries, or even death. If the errors cause a wrongful demise, the victims and their families could be entitled compensation for the losses that they have suffered.
In cases of wrongful death hospitals, doctors, nurses, physical therapists and pharmacists along with diagnostic imaging technicians, as well as manufacturers of medical equipment, can be sued. It is important to pursue all the parties involved, since several parties could be responsible. Victims must consult with their New York medical negligence lawyers to determine which individuals or
firms are accountable.
Punitive damages are intended to penalize the defendant and deter them from repeating similar actions in the future. As opposed to compensatory damages that are intended to remedy specific damages however, punitive damages can be imposed on a large group of people, and they are typically reserved for cases of extreme misconduct.
In a case of medical malpractice the first class of damages is remuneration 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 an expert's opinion on what constitutes a breach of standards of care in the area of your case and in the field of specialization. This is a crucial step because, without this evidence, your case could be dismissed at the initial hearing level.