Medical Malpractice Attorneys
Medical professionals must adhere to an exacting standard of care for their patients. If a health care provider is not able to meet this standard, and the breach causes injuries or complications to the patient, it may be a cause for a claim for negligence.
A successful malpractice lawsuit may aid in the payment of medical expenses or reimburse lost wages and acknowledge pain and discomfort. Medical malpractice claims can be complex.
Undiagnosed
Misdiagnosis is one of the most frequent medical malpractice claims. This type of case is typically filed by a healthcare practitioner who incorrectly diagnoses an injury or illness of a patient. For instance, a doctor may diagnose a patient with pneumonia when in reality the patient is suffering from staph. A mistake in diagnosis can have grave consequences, including death.
According to medical malpractice insurance companies, claims related to diagnosis make up between 9 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. However medical malpractice claims data isn’t extensive and may be biased toward more severe errors. The claims are usually dismissed or lapsed without payment and many erroneous mistakes are not likely to result in the filing of a malpractice lawsuit.
A plaintiff must show the court, in order to win a case for medical malpractice that the doctor did not adhere to the standard of care when diagnosing the condition. The attorney representing the plaintiff must establish that the error of the doctor caused an injury.
The process of bringing medical malpractice lawsuits can be time-consuming, expensive and emotionally high. Although a majority of medical malpractice cases are settled out of court, the attorneys representing both parties as well as expert witnesses must spend time and money in negotiation, discovery, and trial preparation. In addition, physicians are often forced to pay for their malpractice insurance premiums while the claims process is in progress. These costs have prompted calls for reforms to the tort system that would cut down on the cost of litigation and promote quicker and fair settlements.
Errors in Treatment
When you visit a hospital or doctor to receive treatment, the care you receive will be in accordance to the standard of care in your community. This includes a correct diagnosis and treatment, a reasonable course of treatment and adequate monitoring to ensure that your health improves. However, mistakes made by doctors, nurses and other medical staff can be severe and cause permanent injuries or even death.
These mistakes can take a variety of forms. For instance, a hospital staff member could misread the patient’s chart and administer the incorrect medication. This type of error is usually seen in emergency rooms where staff members are under pressure and their time is limited. It can also happen if an ER doctor is treating a condition that isn’t within his or her expertise.
Other kinds of errors could include prescribing incorrect medications or prescribing patients with the wrong dosage which could cause injury. These mistakes can be committed by nurse practitioners, doctors as well as pharmacists, physician assistants and optometrists. These errors can also include a failure to recommend or prescribe the appropriate follow-up procedure to fix the mistake.
Incorrect medication can result in various serious injuries. Heart patients who are taking blood thinners can cause bleeding disorders that are dangerous. It may also trigger stroke. If you’ve suffered an injury or lost a loved one to a medical error it is essential to consult a knowledgeable New York medical malpractice lawyer to determine if you can pursue compensation.
Negligence
Negligence could be the result of doctors or medical professionals failing to follow accepted standards. This can happen in many environments, including hospitals doctor’s offices, therapy clinics and nursing homes. If a physician violates these guidelines and the patient is permanently hurt the doctor could be liable to compensate for the harm.
In order to win a malpractice claim the party who was injured must prove that the physician’s breach of professional duties caused the injury. This is referred to as causation and is a vital part of the legal standard. The breach must be a direct cause for the injury, and the damage must be quantifiable.
In cases of medical malpractice the attorney representing the plaintiff must also convince the jury that it is more likely than not that the doctor’s decision or inaction resulted in the damages alleged. This can be challenging because people’s memories are not always crystal clear or are affected by the arguments of the opposing side.
It is crucial that the lawyer also is knowledgeable of how the medical field operates. This knowledge can help to demonstrate that the breach of professional duty was the main cause of the patient’s injuries. Medical malpractice cases are filed in federal or state courts and often require expert witnesses to describe how the standard of care was not met.
Punitive Damages
We believe that medical professionals will provide us with the best care and professionalism. But mistakes can be serious, leading to lifelong injuries or even death. If the errors cause an unjust death, the family members of the victims could be entitled to compensation for losses that they have suffered.
In the case of wrongful deaths hospitals, doctors and nurses as well as pharmacists and physical therapists and diagnostic imaging technicians, as well as manufacturers of medical equipment are all liable to be sued. Since multiple parties could be responsible in a case, it’s generally recommended for victims to file claims against all of them and work with their New York medical malpractice lawyers to determine which people or companies should be sued.
Punitive damages are designed to punish the defendant and discourage them from repeating the same behavior in the future. Punitive damages are not limited to specific harms. They can be applied to a broad class of people and are reserved for serious misconduct.
In a medical malpractice attorney malpractice case, the first category of damages is the reimbursement for financial losses. This includes medical costs and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by giving expert testimony regarding what constitutes a breach of the standard of care in your case’s locality and specialty. This is a crucial step as without this evidence, your claim may be dismissed at the preliminary hearing level.
