Medical Malpractice Attorneys

Medical professionals must comply with the highest standards of care when they care for their patients. If a medical professional does not adhere to the standard of care, and this failure results in injuries or complications for the patient, it could be cause for a claim for malpractice.

A successful malpractice lawsuit can aid in paying medical expenses as well as recoup lost wages and acknowledge the pain and suffering. However, medical malpractice lawsuits are often complicated.

Undiagnosed

Misdiagnosis is one of the most frequent medical malpractice claims. This type of claim usually involves a healthcare provider not correctly diagnosing a patient with an injury or illness. For instance, a doctor might diagnose a patient with pneumonia, but the patient actually has staph infection. A misdiagnosis could have serious consequences, 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. However the information on medical malpractice claims is limited and may be biased towards more serious errors. Additionally, claims are often denied or are dismissed without being paid, and many meritorious errors are not a cause for malpractice lawsuit.

A plaintiff must show that, in order to be successful in an action for medical malpractice, that the doctor did not follow the standard of care when diagnosing the condition. A lawyer for the plaintiff must demonstrate that the doctor's error caused an injury.

The litigation process of a medical malpractice case can be expensive emotional, time-consuming, and stressful. While the majority of medical malpractice cases are settled without trial, the attorneys representing both parties as well as experts have to devote time and resources on negotiation, discovery, as well as trial preparation. Doctors are also often required to pay for their malpractice insurance while the claims process is developing. These expenses have prompted some to advocate for tort reform, which could reduce the amount and speed up settlements.

Treatment errors

If you visit a doctor or hospital to receive treatment, you are expected to receive medical care that complies with the customary guidelines of practice in your community. This includes a thorough diagnosis and a sensible treatment plan and proper follow-up to ensure that your health improves. But mistakes made by doctors, nurses and other medical professionals can be serious and result in permanent injuries or even death.

These mistakes can take a variety of forms. A hospital staff member could mistakenly read the chart of a patient and then administer the wrong medication. This kind of error is common in emergency rooms where staff members are under pressure and their time is limited. This can also happen if doctors treat a condition that is not within their expertise.

Other types of errors include prescribing incorrect medications or giving patients an improper 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 treatment to rectify the error.

Medication mistakes can cause many serious injuries. For example, taking an anticoagulant that is specifically designed for patients with heart problems could cause a bleeding disorder or cause the patient to experience stroke. If you have suffered an injury or lost someone you love due to a medical error, it is crucial to consult a knowledgeable New York medical malpractice lawyer to determine if you are able to seek compensation.

Negligence

Negligence can be a result of medical professionals who do not adhere to accepted standards. This could happen in a variety settings, including hospitals, doctor's offices, therapy clinics and nursing homes. If a doctor violates these standards and a patient is harmed for a long time it could be a requirement to compensate for the injury.

To prevail in a malpractice lawsuit, the injured party must prove that the doctor's breach of professional duties caused his or her injuries. This is known as causation and is a vital part of the legal standard. 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 juror that it is more likely than not that the physician's actions or inactions caused the damages sought. This is a challenging job since people aren't always in the clear or are in awe of what they believe that the opposing side will argue.

It is also essential that the lawyer has a solid understanding of the medical profession and the way it functions. This knowledge can assist in demonstrate that the breach of professional duty was the main cause of the patient's injuries. Medical malpractice cases are filed in state or federal courts, and usually involve expert witnesses who can demonstrate how the standard of care was not met.

Punitive Damages

We believe that medical professionals will provide us with the best care and professionalism. However, serious mistakes can happen that can cause life-long 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 wrongful death cases hospitals, doctors and nurses, physical therapists and pharmacists along with diagnostic imaging technicians and manufacturers of medical equipment could be sued. Since multiple parties could be at fault in a case, it's generally recommended for victims to claim against all of them, working with their New York medical malpractice lawyers to determine which persons or businesses should be sued.

Punitive damages are intended to penalize the defendant and discourage them from repeating similar actions in the future. Punitive damages aren't limited to specific damages. They can be applied to a broad group of people and are reserved for extreme wrongdoing.

The first type of damages in the medical malpractice lawsuit is reimbursement for actual financial losses, including medical costs and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by giving expert testimony on what constitutes a breach of the standard of care within your particular area and specialization. This is a crucial step, as without the evidence to prove your case, it may be dismissed during the preliminary hearing.