Medical Malpractice Attorneys
Medical professionals must adhere to a standard of care in their care of patients. If a health care provider does not adhere to this standard and that failure causes injury or complications for the patient, there could be grounds for a malpractice lawsuit.
A successful malpractice suit could aid in the payment of medical expenses and also reimburse lost wages and acknowledge pain and discomfort. Medical malpractice lawsuits can be complicated.
Incorrect diagnosis
Medical malpractice claims involving incorrect diagnosis are common. This type of claim is typically brought by a health care provider who misdiagnoses an injury or illness of a patient. For example, a physician might diagnose a patient as having pneumonia, but the patient actually has a staph infection. A misdiagnosis can 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 are not as extensive and may be biased towards more severe errors. Additionally, claims are often denied or are closed without payment and a lot of meritorious mistakes will never result in a malpractice lawsuit.
A plaintiff must demonstrate that, in order to prevail on a case for medical malpractice, that the doctor failed to follow the standard of care when diagnosing the condition. A lawyer for the plaintiff must show that the doctor’s error resulted in injury.
The litigation process of a medical malpractice case can be costly emotional, time-consuming, and stressful. Although the majority of medical malpractice cases are settled in court, attorneys representing both parties as well as experts have to devote time and money in negotiation, discovery, as well as trial preparation. Physicians are also frequently required to pay their malpractice premiums when the claims process is unfolding. These costs have prompted calls for tort reform which could reduce the cost of litigation and help to encourage faster and more fair settlements.
Errors in Treatment
You should expect that when you visit a physician or hospital for treatment, the medical attention you receive will be in accordance to the standard of care in your community. This includes a clear diagnosis and a reasonable treatment program and a proper follow-up to ensure that your health improves. However, mistakes made by nurses, doctors, and other medical personnel can be extremely serious and cause permanent injuries, or even death.
These mistakes can take a variety of forms. A hospital employee could not understand the chart of a patient and prescribe the wrong medication. This kind of error is common in emergency rooms where staff members are under pressure and time is limited. It 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 giving patients the wrong dose that can cause injury. These mistakes can be made by pharmacists, doctors, nurse practitioners, physician’s assistants and optometrists. They can also involve failing to prescribe or recommend follow-up treatment necessary to treat the problem.
Incorrect medication can cause a variety of serious injuries. Heart patients who are taking the use of a blood thinner can lead to a dangerous bleeding disorder. It could also cause a stroke. If you have suffered an injury or lost your loved ones due to a medical mistake It is imperative to consult with a skilled New York medical malpractice lawyer to determine whether you can pursue compensation.
Negligence
If medical professionals or doctors do not adhere to accepted standards of care, they could be found guilty of negligence. This could happen in a variety places, such as hospitals, doctor’s offices, therapy clinics and nursing homes. If a physician fails to meet those standards and a patient is harmed for a long time they could be required to compensate for the harm.
In order to win a malpractice case, the injured party must establish that the doctor’s failure in professional obligations caused his or her injuries. This is known as causation, and is an essential aspect of the legal norm. The breach has to be a direct cause of the injury. The damage that was caused must be quantifiable. For instance, medical expenses or lost wages.
In cases of medical malpractice the attorney representing the plaintiff must convince the jury that it is more probable than not that the doctor’s action or inaction led to the damages sought. This can be a difficult job since people aren’t always in a clear mind or are guided by their beliefs about the case that the opposing side is going to argue.
It is vital that the lawyer also is knowledgeable of how the medical field operates. This knowledge can be used to prove that the breach of professional duties led to the patient’s injury. Medical malpractice cases are filed in federal or state courts and often involve expert witnesses who can demonstrate how the standard of care was violated.
Punitive Damages
We often assume that medical professionals will provide us with the best care and professionalism. A mistake can lead to serious injuries, or even death. If the errors cause a wrongful demise, the family members of the victims could be entitled compensation for the loss they’ve suffered.
In cases of wrongful death hospitals, doctors and nurses along with pharmacists, physical therapists, and pharmacists along with diagnostic imaging technicians and manufacturers of medical equipment are all liable to be sued. Because many parties could be accountable it’s usually recommended for victims to claim against them all in conjunction with their New York medical malpractice lawyers to determine which people or companies should be sued.
Punitive damages are designed to punish the defendant for their actions and prevent them from repeating the same behavior in the future. Contrary to compensatory damages which are intended to remedy specific damages the punitive damages may be applied to a broad group of people, and they are typically reserved for extreme misconduct.
In a case of medical malpractice the first type of damages is the reimbursement for financial losses. This includes medical costs and lost wages. Your New York medical malpractice law firm malpractice lawyer can help you establish the amount of your losses by presenting expert testimony on what constitutes a breach of standards of care in the area of your case and in the field of specialization. This is an important step as without this evidence, your case could be dismissed at the preliminary hearing.