Medical Malpractice Attorneys

Medical professionals must meet the highest standards of care when treating their patients. If a health professional fails to adhere this standard, and this failure causes injuries or complications to the patient, it may be a cause for a claim for malpractice.

A successful malpractice suit could help to pay for medical expenses as well as pay back lost wages and acknowledge discomfort and pain. However, medical malpractice claims are often complicated.

Incorrect diagnosis

Medical malpractice claims that involve misdiagnosis are not uncommon. This type of case typically involves a health care provider not correctly diagnosing a patient with an illness or injury. For instance, a physician might diagnose a patient with pneumonia when the patient actually has a staph infection. A misdiagnosis can have grave consequences for the patient, including death.

According to medical malpractice insurance companies, diagnosis-related claims make up between 9 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. Medical malpractice claims are not as extensive and could be biased towards more serious errors. Most claims are closed or abandoned without payment, and many meritorious mistakes will never lead to the filing of a malpractice lawsuit.

A plaintiff must prove that, in order to prevail on a claim for medical malpractice, that the doctor didn’t follow the standard of care when diagnosing the condition. A lawyer representing the plaintiff must establish that the error of the doctor caused injury.

The process of bringing medical malpractice lawsuits can be long-winded, costly and Vimeo emotionally charged. Even though the majority of medical malpractice claims are settled outside of court lawyers and expert witnesses need to invest time and money in negotiations, discovery and trial preparation. In addition, doctors are often forced to pay their malpractice insurance premiums as the claims process progresses. These expenses have prompted some to advocate for Vimeo tort reform that would reduce the cost and speed up settlements.

Treatment Errors

You should expect that when you visit a doctor or hospital for treatment, the medical treatment you receive will be in line with the standard of care in your community. This includes accurate diagnosis and treatment, a reasonable treatment plan, and the proper follow-up to ensure that your health improves. However, mistakes by doctors, nurses and other medical staff can be serious and cause permanent injuries, or even death.

These errors can take many forms. For example hospital staff members might misread a patient’s chart and prescribe the incorrect medication. This kind of error typically occurs in emergency rooms where there is a short time frame and staff members are pressured to provide quick service. It could also occur when a physician treats an issue that is outside of the scope of expertise.

Other types of errors comprise prescribing the wrong drugs or giving patients a wrong dosage that results in injuries. These mistakes can be made by pharmacists, doctors, nurse practitioners, physician’s assistants and optometrists. These errors may also include the failure to recommend or prescribe the appropriate follow-up procedure to fix the mistake.

Incorrect medication can result in a wide range of serious injuries. For instance, taking a blood thinner that is actually intended for heart patients could cause a bleeding disorder or cause the patient to suffer a stroke. If you have suffered an injury or lost someone you love due to a medical mistake it is essential to consult with an experienced New York medical malpractice lawyer to determine if you are able to seek compensation.

Negligence

Negligence could be the result of doctors or medical professionals failing to follow accepted standards. This can happen in a variety of situations, including hospitals, doctor’s offices, therapy clinics and nursing homes. If a physician violates these rules and the patient suffers permanent harm they may be required to compensate the victim for the harm.

To win a malpractice claim the plaintiff must establish that the doctor’s failure in the discharge of professional duties caused his or her injuries. Causation is a legal standard that is essential. The breach must be a direct cause for the injury, and the damage must be quantifiable.

In the case of medical malpractice the lawyer 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 difficult because people’s memories aren’t always clear, or they are influenced by the arguments of the opposing side.

It is also crucial that the lawyer has a strong understanding of the medical profession and how it operates. This knowledge can be used to prove that the breach of professional duty led to the patient’s injury. Medical malpractice cases can be filed in state or Federal courts, and usually require an expert witness to define the standard of medical care that was violated.

Punitive Damages

We assume that medical professionals will treat us with skill, care and professionalism. However, serious mistakes can happen that can cause life-long injuries or even death. If these mistakes result in an unjust death, the victims and their families may be entitled compensation for the injuries they’ve suffered.

In cases of wrongful death hospitals, doctors and nurses as well as pharmacists and physical therapists along with diagnostic imaging technicians, as well as manufacturers of medical equipment can be sued. Because several parties could be involved in a case, it’s generally recommended for victims to make claims against all of them and work with their New York medical malpractice lawyers to determine which persons or companies need to be sued.

Punitive damages seek to penalize the defendant for their conduct and discourage them from repeating their actions in the future. In contrast to compensatory damages, which are designed to target specific harms however, punitive damages can be applied to an entire class of people, and they are typically reserved for extreme misconduct.

In a medical malpractice case the primary category of damages is remuneration for financial losses. This includes medical costs and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by giving 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 an essential step because, without the evidence you need to support your claim it may be dismissed during the initial hearing.