Medical Malpractice Attorneys

Medical professionals must comply with an exacting standard of care for their patients. If a medical professional does not adhere to this standard and this failure results in injuries or complications for the patient, it may be grounds for a claim for negligence.

A successful malpractice lawsuit may assist in paying medical costs or reimburse lost wages and acknowledge pain and discomfort. However, medical malpractice lawsuits are usually complicated.

Misdiagnosis

Medical malpractice claims involving misdiagnosis are quite common. This type of case typically involves a medical professional wrongly diagnosing a patient suffering from an injury or illness. A doctor may identify a patient with pneumonia when the patient is suffering from staph. A misdiagnosis could cause serious consequences for the patient including death.

According to medical malpractice insurance companies the diagnosis-related malpractice claims make up for between 9 percent (obstetrics) and 61% (pediatrics) of their total claims. Medical malpractice claims data are limited and may be biased towards more serious errors. Claims are often dismissed or lapsed without payment and many good errors will never lead to an action in a malpractice suit.

In order to be successful in bringing a medical malpractice claim, the plaintiff must prove that the doctor acted in violation of the standard of care in diagnosing the condition. A lawyer for the plaintiff must prove that the doctor's mistake caused an injury.

The litigation process in the case of medical malpractice can be lengthy, costly and emotionally demanding. While the majority of medical malpractice cases are settled outside of court attorneys and expert witnesses must invest time and money on discovery, negotiations and trial preparation. In addition, doctors are often required to pay the premiums for malpractice insurance while the claims process is in progress. These costs have led to calls for reforms to the tort system which would lower the costs of litigation and encourage more timely and fair settlements.

Errors in Treatment

When you visit a physician or hospital for treatment, you expect to receive medical care that is consistent with the established standards of practice within your area. This includes a correct diagnosis and a suitable course of treatment and adequate monitoring to ensure that your health improves. But mistakes made by doctors, nurses or other medical personnel can be serious and cause permanent injuries or death.

These mistakes can take a variety of forms. For example staff members at hospitals may not be able to read a patient's chart and prescribe 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 occur when a doctor treats an illness that is not within his or her area of specialization.

Other types of mistakes include prescribing the wrong medications or giving patients the wrong dosage that results in injuries. These mistakes can be made by pharmacists, doctors, nurse practitioners, physician's assistants and optometrists. They can also involve failing to prescribe or recommend follow-up care required to correct the error.

Mistakes in medication can cause many serious injuries. For instance, taking a blood thinner that is specifically designed for patients with heart problems can cause a bleeding disorder or result in a stroke. If you or someone you love was injured by a medical mistake, you should consult an experienced New York medical negligence lawyer to determine if you are eligible to pursue compensation.

Negligence

When doctors or medical professionals do not adhere to accepted standards of care, they may be found guilty of carelessness. This can happen in many situations, including hospitals, therapy clinics, doctor's offices, and nursing homes. If a doctor violates these standards and a patient suffers permanent harm, they may be required to pay compensation for that harm.

To prevail in a malpractice lawsuit the person who suffered the injury has to prove that the physician's breach in their professional duties led to his or her injuries. Causation is a legal norm that is essential. The breach has to be a direct cause of the injury, and the damage that occurred must be quantifiable. For instance, medical expenses or lost wages.

In cases of medical malpractice attorneys representing the plaintiff must convince the jury that it is more probable than not that the doctor's decision or inaction resulted in the damages alleged. This can be a difficult task because people aren't always clear in their memories or are in awe of what they believe that the other side is going to argue.

It is vital that the lawyer also is knowledgeable of how the medical profession functions. This knowledge can be used to prove that the breach of professional duty led to the patient's injury. Medical malpractice cases can be brought in Federal or State courts, and often require expert witnesses to provide the standard of care that was violated.

Punitive Damages

We believe that medical professionals will treat us with skill, care and professionalism. Errors can cause serious injuries or even death. When those errors lead to wrongful death, victims and their families may be entitled to compensation for the loss they've suffered.

In the case of wrongful deaths hospitals, doctors and nurses as well as pharmacists and physical therapists as well as diagnostic imaging technicians, as well as manufacturers of medical equipment are all liable to be sued. Since several parties could be involved it is often recommended for victims to file claims against all of them and work with their New York medical malpractice lawyers to determine which individuals or businesses need to be sued.

Punitive damages aim at punishing the defendant for their actions and discourage them from repeating the same mistake in the future. Punitive damages are not limited to specific damages. They can be applied to a broad category of people and are reserved for extreme infractions.

In a case of medical malpractice the first class of damages is compensation for financial losses. This includes medical expenses and lost wages. Your New York medical negligence lawyer can assist you in determining the amount of your losses by providing expert testimony about what constitutes a violation of the standard of care in the particular case's location and specialty. This is a crucial step, because without the evidence to support your claim it could be dismissed during the preliminary hearing.