Medical Malpractice Attorneys
Medical professionals must meet an ethical standard when caring for their patients. If a medical professional does not adhere to this standard and causes injuries or complications for the patient, there may be grounds for a malpractice claim.
A successful malpractice case can aid in the payment of medical expenses, reimburse lost wages and acknowledge pain and suffering. Medical malpractice claims aren't always straightforward.
The wrong diagnosis
Medical malpractice claims involving incorrect diagnosis are common. This type of case typically involves a medical professional incorrectly diagnosing a patient with an injury or illness. A doctor may identify a patient with pneumonia, but in reality the patient is suffering from staph. A misdiagnosis can have grave consequences for the patient, including death.
According to medical malpractice insurers that cover diagnosis-related malpractice, claims for this type of malpractice account for between 9 percent (obstetrics) and 61% (pediatrics) of their total claims. However, medical malpractice claims data is limited and may be biased towards more serious mistakes. Most claims are shut down or not paid, and many meritorious mistakes won't result in the filing of a malpractice lawsuit.
A plaintiff must prove the court, in order to win a lawsuit for medical negligence that the doctor failed to follow the standard of care when diagnosing the condition. The lawyer representing the plaintiff needs to demonstrate that the doctor's error directly triggered an injury.
The litigation process in a
medical malpractice lawsuit can be lengthy, costly and emotionally high. Even though the majority of medical malpractice cases are settled out of court, attorneys and expert witnesses need to invest time and money on negotiations, discovery and trial preparation. Physicians are often required to pay for their malpractice insurance when the claims process progresses. These expenses have led some to advocate for tort reform, which could reduce the amount and encourage quicker settlements.
Errors in Treatment
You expect that when you visit a physician or hospital for treatment, the medical treatment you receive will be in line with the standards of practice in your locality. This includes a clear diagnosis and a sensible treatment plan and adequate follow-up in order to ensure that your health improves. However, errors made by nurses, doctors and other medical professionals can be very serious and result in permanent injuries or even death.
These errors can take many forms. A hospital staff member could misread the patient's chart and then administer the wrong medication. This type of error is usually seen in emergency rooms where staff members are under pressure and their time is a problem. It could also happen when a doctor is treating a condition outside his or her area of expertise.
Other types of errors include prescribing incorrect medications or giving patients the wrong dosage that can cause injury. These mistakes can be made by doctors, nurse practitioners and pharmacists, physician assistants and optometrists. These mistakes can also be a result of the failure to recommend or prescribe the follow-up procedure to fix the mistake.
Mistakes in medication can cause various serious injuries. For example, taking an anticoagulant that is specifically designed for heart patients could cause a bleeding disorder or cause the patient to suffer stroke. If you or someone you love was injured by an error in medicine You should seek the advice of an experienced New York medical negligence lawyer to determine whether you can be eligible for compensation.
Negligence
Negligence can be a result of medical professionals not following accepted standards. This can happen in a variety of settings, including hospitals, doctors' offices, therapy clinics 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.
In order to prevail in a claim for malpractice,
medical malpractice lawsuit the injured party has to establish that the doctor's failure in their professional duties led to the injury. This is referred to as causation and is an essential part of the legal standard. The breach must be a direct cause of the injury, and the damage must be quantifiable.
In the case of medical malpractice, the plaintiff's attorney must also convince the jury that it is more likely than not that the physician's action or inaction led to the damages sought. This can be a difficult task because people aren't always in the clear or are guided by their beliefs about the case that the opposing side will say.
It is also important that the lawyer has a solid knowledge of the medical profession and the way it functions. This knowledge can be used to show that the breach in professional duty caused the patient's injury. Medical malpractice cases can be filed in Federal or state courts, and usually include expert witnesses who define the standard of medical care that was breached.
Punitive Damages
We believe that medical professionals will provide us with the best care and professionalism. However, serious mistakes can happen and cause permanent injuries or even death. If these errors lead to wrongful death, victims and their families could be entitled to compensation for the damages they've suffered.
In cases of wrongful death hospitals, doctors and nurses as well as pharmacists, physical therapists and doctors along with diagnostic imaging technicians and manufacturers of medical equipment are liable for suing. Because several parties could be involved it is often recommended for victims to file claims against them all and work with their New York
medical malpractice lawyers to determine which people or companies should be sued.
Punitive damages are designed to punish the defendant and deter them from engaging in similar conduct in the future. Punitive damages do not have to be limited to specific ailments. They can be applied to a whole group of people and are only available for extreme infractions.
The first category of damages in a medical malpractice lawsuit is the reimbursement for actual financial losses, including the cost of medical treatment and lost wages. Your New York
medical malpractice lawyer can help you establish the amount of your losses by giving an expert's opinion on what constitutes a breach of the standard of care in the specific area of your case as well as in the specialty. This is an essential step, as without the evidence to support your claim it may be dismissed during the preliminary hearing.