Medical Malpractice Attorneys
Medical professionals must follow the highest standards of care in their care of patients. If a healthcare provider fails to adhere to this standard, and if the failure results in injuries or other complications for the patient, there may be grounds for a malpractice claim.
A successful malpractice lawsuit can assist in the payment of medical costs pay back lost wages, and acknowledge the pain and suffering. Medical malpractice claims can be complex.
The wrong diagnosis
Medical malpractice lawsuits involving misdiagnosis are quite common. This type of claim is usually brought by a health care provider who incorrectly diagnoses an injury or illness of a patient. For instance, a physician may diagnose a patient with pneumonia when the patient actually has staph infection. A mistake can have serious consequences, including 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 are not as extensive and may be biased towards more severe mistakes. Furthermore, claims often lapse or are dismissed without being paid and many meritorious errors will never result in a malpractice lawsuit.
In order to be successful in bringing an action for medical malpractice, a plaintiff must prove that the doctor violated the standard of care in diagnosing the condition. The lawyer representing the plaintiff needs to prove that the doctor's error directly triggered an injury.
The process of bringing a medical malpractice lawsuit can be lengthy, costly and emotionally intense. Even though the majority medical malpractice cases are settled out of court lawyers and expert witnesses are required to invest time and money on negotiations, discovery and trial preparation. Doctors are also often required to pay for their malpractice insurance when the claims process unfolds. These costs have led some to call for tort reform, which would reduce the cost and facilitate faster settlements.
Errors in Treatment
You can expect that when go to a doctor or a hospital to receive treatment, the medical treatment you receive will be in accordance with the standard of care in your community. This includes a correct diagnosis, a reasonable treatment plan and adequate follow-up in order to ensure that your health improves. However, mistakes made by doctors, nurses and other medical personnel can be very serious and result in permanent injuries or even death.
These mistakes can come in a variety forms. A hospital staff member could miss-read the patient's chart and administer the incorrect medication. This kind of error usually occurs in emergency rooms, where staff members are under pressure and time is short. staff members are under pressure to provide fast service. It could also occur when a doctor is treating a condition outside their area of specialization.
Other types of errors comprise prescribing the wrong medications or giving patients the wrong dosage that causes injury. These mistakes can be made by doctors, nurse practitioners and pharmacists, physician assistants and optometrists. They could also result in a failure to prescribe or recommend follow-up treatment necessary to treat the problem.
Mistakes in medication can cause many serious injuries. For instance, taking a blood thinner that is specifically designed for heart patients can cause a bleeding disorder or cause the patient to experience a stroke. If you have suffered an injury or lost someone you love due to a medical error It is imperative to consult with an experienced New York medical malpractice lawyer to determine if you're eligible to pursue compensation.
Negligence
If medical professionals or doctors do not adhere to accepted standards of care, they could be found guilty of negligence. This can happen in many situations, including hospitals, therapy clinics, doctor's offices, and nursing homes. If a physician fails to meet those standards and the patient suffers permanent harm, they may be required to compensate for the harm.
In order to win a malpractice claim, the injured party must prove that the physician's breach of professional duties caused the injury. This is referred to as causation and it is a key aspect of the legal norm. The breach has to be a direct cause of the injury and the damages that was caused must be quantifiable, such as medical or lost wages.
In cases of medical malpractice, the plaintiff's attorney must also convince the jury that it is more probable than not that the physician's decision or inaction resulted in the damages alleged. This can be a challenge because people's memory isn't always clear or they are in the hands of the opposing side.
It is also essential that the lawyer has a thorough knowledge of the medical profession and how it operates. This knowledge can be used to show that the breach of professional duty caused the patient's injury. Medical malpractice cases are filed in state or federal courts, and typically have expert witnesses who explain how the standard of care was violated.
Punitive Damages
We are often under the impression that medical professionals will provide us with the best care and professionalism. But mistakes can be serious, leading to lifelong injuries or even death. When those errors lead to an unintentional death, the victims and their family members may be entitled to compensation for the losses they've suffered.
In cases of wrongful death hospitals, doctors and nurses as well as pharmacists, physical therapists and doctors and diagnostic imaging technicians, as well as manufacturers of medical equipment, are all liable to be sued. Because several parties could be involved, it's often advisable for victims to file claims against them all and work with their New York
medical malpractice lawyers to identify which individuals or companies need to be sued.
Punitive damages aim at punishing the defendant for their actions and deter them from repeating the same behavior in the future. Contrary to compensatory damages which are designed to target specific harms however, punitive damages can be imposed on a large class of people and they are typically reserved for those who have committed serious misconduct.
The first type of damages in a
medical malpractice lawsuit is the reimbursement of actual financial losses, such as the cost of medical treatment and lost wages. Your New York medical negligence lawyer can help you determine the amount of your losses by presenting expert testimony on what is considered to be a violation of standard care in the case's location and specialization. This is a crucial step because, without this evidence, your claim may be dismissed at the initial hearing level.