Medical Malpractice Attorneys
Medical professionals must follow a standard of care when caring for their patients. If a health professional does not meet this standard, and the failure results in injuries or complications to the patient, it could be a cause for a claim for negligence.
A successful malpractice case can aid in paying medical expenses, reimburse lost wages and acknowledge pain and suffering. Medical malpractice claims can be a bit complicated.
Undiagnosed
Medical malpractice claims involving incorrect diagnosis are common. This type of claim typically involves a health care provider wrongly diagnosing a patient suffering from an illness or injury. A doctor might diagnose a patient with pneumonia, when in reality the patient has staph. A misdiagnosis could have serious consequences, such as death.
According to medical malpractice insurance companies, diagnosis-related claims make up between 9 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. Medical malpractice claims data are limited and could be biased towards more severe errors. In addition, claims frequently expire or are dismissed without being paid, and many meritorious errors do not result in a malpractice lawsuit.
A plaintiff must demonstrate that, in order to be successful in a claim for medical malpractice, that the doctor failed to follow the standard of care when diagnosing the condition. The attorney representing the plaintiff must establish that the error of the doctor resulted in injury.
The litigation process in medical malpractice cases can be long-winded, costly and emotionally charged. Even though the majority of medical malpractice claims are settled out of court attorneys and expert witnesses need to invest time and money on discovery, negotiations and trial preparation. Doctors are also often required to pay their malpractice premiums when the claims process progresses. These costs have prompted calls for tort reform that would cut down on the costs of litigation and encourage quicker and fair settlements.
Errors in Treatment
You expect that when you visit a physician or hospital to receive treatment, the medical treatment you receive will be in line to the standard of care in your area. This includes a proper diagnosis and a reasonable treatment plan and the proper follow-up to ensure that your health improves. But mistakes made by nurses, doctors or other medical personnel can be very serious and result in permanent injuries or death.
These errors may take many forms. For example, a hospital staff member might misread a patient’s chart and give the wrong medication. This type of error usually occurs in emergency rooms where time is limited and overworked staff members are under pressure to provide quick service. This can also happen if doctors treat a condition that is outside of their expertise.
Other types of mistakes include prescribing the wrong medications or giving patients an improper dosage that causes injury. These mistakes can be made by pharmacists, doctors, nurse practitioners, physician’s assistants and optometrists. They can also result in the failure to prescribe or suggest follow-up care necessary to treat the error.
Medication errors can lead to various serious injuries. Taken by heart patients, the use of a blood thinner can lead to bleeding disorders that are dangerous. It could also lead to a stroke. If you or a loved one has been injured due to a medical mistake it is recommended that you consult an experienced New York medical negligence lawyer to determine whether you can be eligible for compensation.
Negligence
Negligence may be the result of doctors or medical professionals not following accepted standards. This can happen in a variety of environments, including hospitals doctor’s offices, therapy clinics, and nursing homes. If a doctor fails to adhere to these standards and the patient is harmed for a long time, they may be required to compensate the victim for that injury.
In order to win a malpractice claim, the injured party must prove that a physician’s breach of professional duties caused the injury. This is referred to as causation and is an essential aspect of the legal norm. The breach must be directly responsible for the injury, and the damage that occurred must be quantifiable, such as medical malpractice attorney or lost wages.
In cases involving medical malpractice the attorney representing the plaintiff must also convince the jury 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 clear in their memories or are influenced by what they think that the opposing side will argue.
It is also important that the lawyer has a thorough understanding of the medical profession and how it operates. This knowledge can be used to show that the breach in professional duties caused the patient’s injury. Medical malpractice cases are filed in federal or state courts and often require expert witnesses to describe how the standard of medical care was not met.
Punitive Damages
We take for granted that we can trust medical professionals to treat us with competence and care. A mistake can lead to serious injuries, or even death. If these errors lead to wrongful death, the victims and their families could be entitled to compensation for the damages they’ve suffered.
In cases of wrongful death, there are lawsuits against hospitals, doctors, nurses, physical therapists pharmacists as well as diagnostic imaging technicians and even manufacturers of medical equipment. Because multiple parties could be at fault in a case, it’s generally recommended for victims to claim against them all in conjunction with their New York medical malpractice lawyers to determine which persons or companies need to be sued.
Punitive damages aim to punish the defendant for their actions and discourage them from repeating their actions in the future. Punitive damages don’t have to be restricted to specific injuries. They can be applied to a whole category of people and are reserved for extreme wrongdoing.
In a case of medical malpractice the primary category of damages is reimbursement for financial losses. This includes medical costs and lost wages. Your New York medical negligence lawyer can assist you in determining the amount of your losses by providing expert testimony about what constitutes a violation of standard of care in the case’s location and specialization. This is a crucial step as without this evidence, your claim could be dismissed at the preliminary hearing level.
