Medical Malpractice Attorneys
Medical professionals have to meet a certain standard of care for their patients. If a health care provider fails to adhere to this standard and that failure results in injuries or complications for the patient, there may be grounds for a malpractice claim.
A successful malpractice lawsuit may help pay for medical costs as well as pay back lost wages and acknowledge discomfort and pain. Medical malpractice claims aren’t always straightforward.
The wrong diagnosis
Medical malpractice claims that involve misdiagnosis are common. This kind of claim is typically filed by a healthcare provider who misdiagnoses the patient’s condition or injury. For instance, a physician might diagnose a patient with pneumonia when the patient actually has a staph infection. A misdiagnosis could have serious consequences, including death.
According to medical malpractice insurance companies, diagnosis-related claims represent between 9 and 10 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. However the information on medical malpractice claims is not extensive and could be biased towards more serious errors. Additionally, claims are often denied or are dismissed without being paid, and many meritorious errors do not result in a malpractice lawsuit.
To be able to successfully file a medical malpractice claim the plaintiff must demonstrate that the doctor violated the standard of care when diagnosing the condition. The lawyer representing the plaintiff needs to demonstrate that the doctor’s error directly triggered an injury.
The process of bringing medical malpractice lawsuits can be lengthy, costly and emotionally high. Although the majority malpractice cases settle without trial, the attorneys for both parties and experts have to devote time and money in negotiations, discovery, and trial preparation. Physicians are also frequently required to pay their malpractice costs as the claims process is unfolding. These costs have prompted calls for tort reform, which would reduce the cost of litigation as well as encourage faster and more fair settlements.
Errors in Treatment
You should expect that when you visit a doctor or hospital for treatment, the medical treatment you receive will be in accordance with the standards of practice in your locality. This includes a correct diagnosis, a reasonable treatment plan, and the proper follow-up to ensure that your health improves. However, errors made by doctors, nurses and other medical professionals could be fatal and cause permanent injuries or even death.
These mistakes can take a variety of forms. A hospital staff member may misread the chart of a patient and then administer the wrong medication. This type of error is common in emergency rooms, where staff are under pressure and their time is limited. It can also happen if doctors treat a condition that is outside of his or her area of expertise.
Other kinds of errors include prescribing the wrong medication or giving patients an incorrect dosage that causes injuries. These mistakes can be made by pharmacists, doctors, nurse practitioners, physician’s assistants, and optometrists. They may also be caused by a failure to prescribe or recommend follow-up treatment needed to treat the problem.
Mistakes in medication can cause an array of serious injuries. When a heart patient is taking a medication, the use of a blood thinner can lead to a serious bleeding disorder. It could also cause stroke. If you’ve suffered an injury or lost a loved one to a medical error it is vital to consult a knowledgeable New York medical malpractice lawyer to determine if you’re eligible to seek compensation.
Negligence
If medical professionals or doctors fail to follow accepted standards of care, they could be liable for negligence. This can happen in many different settings, like hospitals, doctors’ office, therapy clinics, and nursing homes. If a physician violates those standards and the patient suffers permanent harm, they may be required to compensate the victim for the harm.
To prevail in a malpractice case the plaintiff must show that the physician’s breach of professional duty caused his or her injuries. This is called causation and it is a key aspect of the legal norm. The breach must be a direct cause for the injury, and the damages must be quantifiable.
In the case of medical malpractice lawyers representing plaintiffs must also convince the jury that it is more likely than not that the physician’s actions or inactions caused the damages sought. This can be difficult because people’s memories are not always clear, or they are influenced by the arguments of the opposing side.
It is crucial that the lawyer also has a good understanding of how the medical profession operates. This knowledge can be used to show that the breach in professional duty caused the patient’s injury. Medical malpractice cases are filed in state or federal courts and often involve expert witnesses who can provide evidence of how the standard care was not met.
Punitive Damages
We believe that medical professionals will treat us with skill, care and professionalism. Incorrect treatment can result in serious injuries, or even death. If those errors result in a wrongful demise, the family members of the victims could be entitled to compensation for the loss they’ve suffered.
The wrongful death case can involve claims against hospitals, doctors nurses, physical therapists, pharmacists diagnostic imaging technicians and even manufacturers of medical equipment. Because multiple parties could be responsible, it’s often advisable for victims to file claims against them all and work with their New York medical malpractice lawyers to determine which people or businesses should be sued.
Punitive damages are designed to punish the defendant and deter them from engaging in similar behavior in the future. In contrast to compensatory damages, which are intended to address specific harms they can be applied to an entire category of people, but they are usually reserved for extreme misconduct.
The first type of damages in medical malpractice lawsuits is the reimbursement for actual financial losses. This includes expenses for medical care and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by presenting expert testimony regarding what constitutes a breach of the standard of care within the specific area of your case as well as in the specialty. This is an important step because, without this evidence, your claim may be dismissed at the initial hearing level.