Medical Malpractice Attorneys
Medical professionals must comply with an exacting standard of care for their patients. If a medical professional does not adhere to this standard and results in injuries or complications for the patient, there may be grounds for a malpractice claim.
A successful malpractice suit could help to pay for medical expenses or reimburse lost wages as well as acknowledge pain and discomfort. Medical malpractice lawsuits can be a bit complicated.
The wrong diagnosis
Misdiagnosis is among the most frequently filed medical malpractice claims. This type of case typically involves a healthcare professional not correctly diagnosing a patient with an illness or injury. A physician might diagnose a patient with pneumonia when the patient has staph. A misdiagnosis can have serious consequences, such as death.
According to medical malpractice insurance companies, claims related to diagnosis make up between 9 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. Medical malpractice claims data are not comprehensive and may be biased towards more severe errors. Most claims are shut down or not paid and many erroneous mistakes are not likely to result in a malpractice suit.
To be able to successfully file a medical malpractice claim, a plaintiff must prove that the doctor acted in violation of the standard of care when diagnosing the condition. The lawyer representing the plaintiff needs to prove that the doctor's error directly caused injury.
The litigation process in a medical malpractice case is costly emotional, time-consuming, and stressful. Even though the majority medical malpractice cases are settled out of court attorneys and expert witnesses are required to invest time and money on discovery, negotiations, and trial preparation. Additionally, doctors are often forced to pay their malpractice insurance premiums while the claims process is in progress. This has led to calls for tort reform which would lower the cost of litigation and promote faster and more fair settlements.
Errors in Treatment
You should expect that when you go to a doctor or a hospital to receive treatment, the medical care you receive will be in accordance to the standard of care in your area. This includes a proper diagnosis and a reasonable treatment program and adequate follow-up in order to ensure that your health improves. But mistakes made by nurses, doctors or other medical personnel could be fatal and cause permanent injuries or even death.
These errors may take many forms. A hospital staff member may misread the patient's chart and prescribe the wrong medication. This kind of error is common in emergency rooms where staff are under pressure and time is limited. This could also happen when doctors treat a condition that isn't within his or her area of expertise.
Other types of errors comprise prescribing the wrong medication or giving patients an improper dosage that results in injuries. These mistakes can be committed by doctors, nurse practitioners, physician assistants, pharmacists and optometrists. These errors may also include failing to recommend or prescribe the necessary follow-up procedure to correct the error.
Mistakes in medication can cause a wide range of serious injuries. Taken by heart patients, a blood thinner could cause a serious bleeding disorder. It could also cause a stroke. If you or a loved one has been injured due to an error in medical care and you are concerned about the consequences, consult an experienced New York medical negligence lawyer to determine whether you can be eligible for compensation.
Negligence
Negligence may be the 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 physician fails to meet those standards and the patient suffers permanent harm it could be a requirement to compensate for the injury.
To prevail in a malpractice lawsuit the person who suffered the injury must prove that the physician's breach of professional duty caused the injury. This is referred to as causation and is a vital part of the legal requirement. The breach must be a direct cause for the injury, and the damage must be quantifiable.
In cases involving medical negligence attorneys representing the plaintiff must also convince jurors that it is more likely than not that the doctor's actions or inactions led to the damages sought. This can be a challenge because people's memories aren't always clear or they are influenced by the arguments of the other side.
It is also crucial that the lawyer has a deep knowledge of the medical profession and how it operates. This knowledge will help prove that the breach of professional obligation was a primary cause of the patient's injuries. Medical malpractice cases are filed in state or federal courts, and usually include expert witnesses who demonstrate how the standard of care was breached.
Punitive Damages
We tend to assume that we can trust medical professionals to treat us with competence and care. However, serious mistakes can happen and cause permanent injuries or even death. When those errors lead to an unintentional death, the victim and their family members may be entitled to compensation for the losses they've suffered.
These cases could involve claims against doctors, hospitals nurses, physical therapists, pharmacists, diagnostic imaging technicians, and even the manufacturers of medical equipment. It is important to pursue all parties involved, as multiple parties may be responsible. Victims must consult with their New York medical negligence lawyers to determine which individuals or
firms are accountable.
Punitive damages seek to penalize the defendant for their actions and prevent them from repeating the same conduct in the future. Unlike compensatory damages, which are intended to remedy specific harms the punitive damages may be applied to an entire group of people, and they are typically reserved for the most serious of violations.
The first type of damages in a
medical malpractice lawsuit is a reimbursement for actual financial losses, including expenses for medical care and lost wages. Your New York medical negligence lawyer can help you determine the amount of your damages by providing expert testimony about what is considered to be a violation of standard of care in the particular case's location and specialization. This is an essential step, as without the evidence to prove your case, it could be dismissed at the preliminary hearing.
