Medical Malpractice Attorneys

Medical professionals must adhere to a standard of care when treating their patients. If a medical professional fails to adhere to this standard and causes injuries or complications for the patient, there may be grounds for a malpractice lawsuit.

A successful malpractice suit could assist in paying medical costs, reimburse lost wages, and acknowledge discomfort and pain. Medical malpractice claims can be a bit complicated.

Misdiagnosis

Medical malpractice lawsuits involving misdiagnosis are quite common. This type of claim usually involves a healthcare professional mistakenly diagnosing a patient who has an injury or illness. For example, a physician may diagnose a patient with pneumonia when in reality the patient has staph infection. A misdiagnosis could cause serious consequences for the patient including death.

According to medical malpractice insurance companies, claims related to diagnosis comprise between 9 percent and 91 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. However the data on medical malpractice claims is not extensive and could be biased toward more severe errors. Claimants are typically closed or lapse without payment, and many meritorious mistakes won't result in an action for malpractice.

To be able to successfully file an action for medical malpractice, a plaintiff must prove that the doctor did not follow the standard of care when diagnosing the condition. A lawyer for the plaintiff must establish that the error of the doctor resulted in injury.

The litigation process in a medical malpractice lawsuit is time-consuming, costly and emotionally intense. Although the majority malpractice cases settle out of court, the attorneys for both parties and experts must devote time and money on discovery, negotiation, and trial preparation. In addition, doctors are often required to pay for their malpractice insurance premiums while the claims process is in progress. These costs have prompted demands for reforms in tort law which would lower the cost of litigation and help to encourage quicker and more fair settlements.

Treatment errors

You expect that when you go to a doctor or a hospital for treatment, the medical treatment you receive will be in accordance to the standard of care in your community. This includes a correct diagnosis, a reasonable treatment plan and adequate follow-up in order to ensure that your health improves. But mistakes made by doctors, nurses and other medical professionals can be serious and cause permanent injuries or even death.

These mistakes can come in a variety forms. A hospital employee could misread the patient's chart and then administer the wrong medication. This type of mistake typically occurs in emergency rooms, where there is a short time frame and staff members are pressured to provide quick service. It could also happen when a physician treats an issue outside of the scope of expertise.

Other types of mistakes include prescribing incorrect medications or giving patients an incorrect dosage that causes injury. These errors can be made by doctors, nurse practitioners or pharmacists, physician assistants, and optometrists. They may also be caused by failing to prescribe or recommend follow-up care necessary to treat the problem.

Mistakes in medication can cause various serious injuries. Taken by heart patients, a blood thinner can trigger a dangerous bleeding disorder. It may also trigger stroke. If you or someone you love was injured by a medical mistake it is recommended that you consult an experienced New York medical negligence lawyer to determine if you're eligible to seek compensation.

Negligence

When doctors or medical professionals do not follow accepted standards of care, they may be liable for negligence. This could happen in a variety environments, including hospitals therapy clinics, doctor's offices, and nursing homes. If a physician violates these guidelines and a patient is permanently hurt the doctor could be liable to pay for the damage.

In order to win a malpractice claim the person who suffered the injury must prove that the physician's negligence in performing his professional duties led to the injury. Causation is a legal standard that is essential. The breach must be the direct cause of the injury, and the damages must be quantifiable.

In the event of medical malpractice lawyers representing plaintiffs must also convince the jury that it is more likely than not that a doctor's actions or inactions contributed to the damages sought. This can be a difficult job since people aren't always able to recall their actions or are guided by their beliefs about the case that the other side is going to argue.

It is also important that the lawyer has a strong knowledge of the medical profession and how it works. This knowledge can be used to show that the breach in professional duties caused the patient's injury. Medical malpractice cases can be filed in Federal or state courts. They usually require an expert witness to describe the standard of care that was not met.

Punitive Damages

We take for granted that we can trust medical professionals to treat us with expertise and care. But mistakes can be serious and cause permanent injuries or even death. If the errors result in wrongful death, victims and their loved ones may be entitled to compensation for the loss they've suffered.

The wrongful death case can involve claims against doctors, hospitals nurses, physical therapists pharmacists as well as diagnostic imaging technicians and even medical equipment. Since multiple parties could be responsible it is often recommended for victims to file claims against them all, working with their New York medical malpractice lawyers to determine which people or companies need to be sued.

Punitive damages seek to penalize the defendant for their actions and discourage them from repeating their actions in the future. Punitive damages are not limited to specific ailments. They can be applied to a large class of people and are reserved for serious infractions.

In a medical malpractice case, the first category of damages is remuneration for financial losses. This includes medical expenses and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by presenting an expert's opinion on what constitutes a breach of the standards of care in the area of your case and in the field of specialization. This is a crucial step as without this evidence, your case could be denied at the preliminary hearing.