Medical Malpractice Attorneys
Medical professionals must comply with the highest standards of care when treating their patients. If a health care provider does not adhere to this standard, and this failure causes injuries or complications for the patient, it may be a cause for a claim for negligence.
A successful malpractice lawsuit could aid in paying medical expenses as well as recoup lost wages and acknowledge pain and suffering. However, medical malpractice claims can be complicated.
Incorrect diagnosis
Misdiagnosis is among the most common medical malpractice claims. This type of claim is typically brought by a health care provider who incorrectly diagnoses the patient's condition or injury. For example, a physician may diagnose a patient with pneumonia when in reality the patient is suffering from staph. A mistake in diagnosis can have grave consequences, such as death.
According to medical malpractice insurance companies, claims related to diagnosis comprise between 9 percent and 91 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. Medical malpractice claims data are limited and may be biased towards more serious mistakes. In addition, claims frequently expire or are closed without being paid and a lot of meritorious mistakes will never result in a malpractice lawsuit.
A plaintiff must show that, in order to be successful in a claim for medical malpractice that the doctor did not follow the standard of care when diagnosing the condition. A lawyer representing the plaintiff must show that the doctor's error resulted in injury.
The litigation process in medical malpractice cases can be lengthy, costly and emotionally high. While the majority of medical malpractice cases settle without trial, the attorneys for both parties and experts must devote time and resources in negotiations, discovery, and trial preparation. In addition, physicians are often forced to pay their malpractice insurance premiums as the claims process progresses. These costs have prompted some to advocate for reforms to tort law that will lower the cost and encourage quicker settlements.
Errors in Treatment
You can expect that when visit a doctor or hospital to receive treatment, the medical treatment you receive will be in accordance with the standard of care in your community. This includes proper diagnosis, a reasonable course of treatment and adequate monitoring to ensure that your health improves. However, errors made by doctors, nurses and other medical professionals can be severe and cause permanent injuries or even death.
These errors can take many forms. For example an employee of a hospital could misread the patient's chart and give the incorrect medication. This type of error is most common in emergency rooms in which staff are under pressure and their time is a problem. It can also happen when a doctor treats an illness that is not within their area of expertise.
Other kinds of errors could include prescribing the wrong medication or giving patients the wrong dose that could result in injuries. These mistakes can be made by doctors, pharmacists, nurse practitioners, physician's assistants and optometrists. They can also result in a failure to prescribe or suggest follow-up care required to correct the problem.
Mistakes in medication can lead to various serious injuries. For heart patients, the use of a blood thinner can lead to a dangerous bleeding disorder. It could also lead to stroke. If you have suffered an injury or lost a loved one to a medical mistake, it is crucial to consult a knowledgeable New York medical malpractice lawyer to determine if you are able to pursue compensation.
Negligence
Negligence can result of doctors or medical professionals not following accepted standards. This can happen in many environments, including hospitals therapy clinics, doctor's offices, and nursing homes. If a physician violates these guidelines and the patient suffers permanent harm it could be necessary to pay for the damage.
In order to prevail in a claim for malpractice the person who suffered the injury must establish that the doctor's failure in professional obligations caused the injury. This is known as causation and it is a key element of the legal standard. The breach must be a direct cause of the injury. The damage that was caused must be quantifiable. This includes medical expenses or lost wages.
In the case of medical negligence, a plaintiff's lawyer must convince jurors that it is more likely than not that a physician's actions or inactions resulted in the damages sought. This is a challenging task as people are not always in the clear or are in awe of what they believe that the other side will argue.
It is crucial that the lawyer is knowledgeable of how the medical field operates. This knowledge can be used to show that the breach in professional duty led to the patient's injury. Medical malpractice cases can be filed in federal or state courts. They usually require expert witnesses to explain the standard of care that was not met.
Punitive Damages
We tend to assume that we can trust medical professionals to treat us with expertise and care. A mistake can lead to serious injuries, or even death. If the errors cause wrongful death, the victims and their families could be entitled to compensation for damages they've suffered.
The wrongful death case can involve claims against doctors, hospitals nurses, physical therapists, pharmacists, diagnostic imaging technicians, and even the manufacturers of medical equipment. It's important to sue all parties involved, since there could be multiple parties responsible. Victims must consult with their New York medical negligence lawyers to determine which individuals or
firms are accountable.
Punitive damages are designed to punish the defendant and discourage them from engaging in similar behavior in the future. Unlike compensatory damages, which are intended to remedy specific harms the punitive damages may be applied to a broad class of people, and they are typically reserved for those who have committed serious misconduct.
The first type of damages in
medical malpractice lawsuits is a reimbursement for actual financial losses, such as the cost of medical treatment and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your loss by providing expert testimony regarding what constitutes a breach of standards of care in the area of your case and in the field of specialization. This is an important step since without this evidence, your claim could be dismissed at the initial hearing.