Medical Malpractice Attorneys
Medical professionals must comply with an established standard of care for their patients. If a health-care provider is not able to meet this standard and that failure results in injuries or other complications for the patient, there may be grounds for a malpractice claim.
A successful malpractice lawsuit can aid in the payment of medical expenses, reimburse lost wages, and acknowledge pain and discomfort. However, medical malpractice lawsuits are usually complicated.
Undiagnosed
Medical malpractice claims involving misdiagnosis are not uncommon. This type of claim typically involves a medical professional mistakenly diagnosing a patient who has an injury or illness. A doctor may identify a patient as having pneumonia, but in reality the patient is suffering from staph. A misdiagnosis could have serious consequences, including death.
According to medical malpractice insurers, diagnosis-related malpractice claims account for between 9 percent (obstetrics) and 61% (pediatrics) of their total claims. medical malpractice law firms malpractice claims are comparatively small and may be biased towards more severe mistakes. Furthermore, many claims fall through or are closed without payment and many meritorious errors won’t result in a malpractice lawsuit.
A plaintiff must demonstrate that, in order to prevail on a lawsuit for medical negligence, that the doctor did not follow the standard of care when diagnosing the condition. A plaintiff’s lawyer must also prove that the doctor’s error directly triggered an injury.
The litigation process in a medical malpractice lawsuit can be time-consuming, expensive and emotionally intense. Although the majority of medical malpractice cases are settled without trial, the attorneys for both parties and experts have to devote time and money in negotiations, discovery, and trial preparation. Physicians are often required to pay their malpractice costs when the claims process is developing. These costs have led to calls for tort reform which would lower the cost of litigation and help to encourage faster and more fair settlements.
Treatment errors
When you visit a physician or hospital for treatment, you’re expected to receive medical attention that conforms to the accepted standards of practice within your area. This includes a clear diagnosis, a reasonable treatment plan and proper follow-up to ensure that your health improves. However, mistakes made by nurses, doctors, and other medical personnel can be very serious and result in permanent injuries or even death.
These errors may take many forms. Hospital staff members could mistakenly read the chart of a patient and administer the incorrect medication. This type of error usually occurs in emergency rooms, where time is limited and overworked staff members are under pressure to offer quick service. This can also happen if doctors treat a condition that is outside of his or her expertise.
Other types of errors be caused by prescribing incorrect medication or prescribing the wrong dosage to patients which could cause injury. These errors can be made by nurse practitioners, doctors, physician assistants, pharmacists and optometrists. These mistakes can also be a result of a failure to recommend or prescribe the necessary follow-up treatment to rectify the error.
Mistakes in medication can lead to numerous serious injuries. Heart patients who are taking blood thinners can cause bleeding disorders that are dangerous. It may also trigger stroke. If you or a loved one was injured by an error made by a doctor, you should consult an experienced New York medical negligence lawyer to determine whether you can pursue compensation.
Negligence
Negligence could be the result of medical professionals not following accepted standards. This can occur in a variety of settings, including hospitals, therapy clinics, doctor’s offices, and nursing homes. If a doctor does not adhere to these rules and the patient is permanently hurt it could be necessary to pay for the damage.
In order to win a malpractice case, the injured party must demonstrate that the physician’s lapse in professional obligations caused the injuries. This is known as causation, and is a crucial part of the legal standard. The breach has to be directly responsible for the injury and the damage that was caused must be quantifiable. This includes medical expenses or lost wages.
In cases of medical malpractice the attorney representing the plaintiff must also convince jurors that it is more probable than not that the doctor’s action or inaction led to the damages demanded. This can be a difficult job since people aren’t always able to recall their actions or are influenced by what they think that the other side is going to argue.
It is vital that the lawyer also has a good understanding of how the medical profession works. This knowledge can assist in demonstrate that the breach of professional obligation was a primary cause of the patient’s injuries. Medical malpractice cases can be filed in state or Federal courts, and often involve expert witness who can explain the standard of care that was not met.
Punitive Damages
We take for granted that we can trust medical professionals to treat us with care and care. However, serious mistakes can happen which can lead to permanent injuries or even death. If the errors cause an unjust death, the victims and their families could be entitled compensation for the losses that they have suffered.
In wrongful death cases hospitals, doctors, nurses along with pharmacists, physical therapists, and pharmacists and diagnostic imaging technicians, as well as manufacturers of medical equipment, could be sued. Since multiple parties could be at fault it is often recommended for victims to make claims against all of them while working with their New York medical malpractice lawyers to determine which persons or businesses should be sued.
Punitive damages aim at punishing the defendant for their actions and prevent them from repeating the same mistake in the future. Unlike compensatory damages, which are designed to address specific damages the punitive damages may be applied to a broad class of people and they are typically reserved for cases of extreme misconduct.
In a case of medical malpractice the primary category of damages is the reimbursement for financial losses. This includes medical expenses 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 specific location and area of the. This is a crucial step since without this evidence, your case could be dismissed at the initial hearing.