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Medical Malpractice Attorneys

Medical professionals must follow a standard of care when caring for their patients. If a health care provider fails to adhere to this standard and causes injuries or complications for the patient, there may be grounds for a malpractice lawsuit.

A successful malpractice lawsuit can help to pay for medical expenses or reimburse lost wages and acknowledge pain and discomfort. Medical malpractice lawsuits can be a bit complicated.

Misdiagnosis

Medical malpractice lawsuits involving misdiagnosis are not uncommon. This type of case typically involves a healthcare professional incorrectly diagnosing a patient with an illness or injury. For instance, a doctor might diagnose a patient with pneumonia when in reality the patient is suffering from staph. A misdiagnosis could cause serious consequences for the patient, including death.

According to medical malpractice insurance companies the diagnosis-related malpractice claims make up for between 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. Medical malpractice claims data are limited and may be biased towards more severe errors. Furthermore, many claims fall through or are dismissed without payment and a large number of errors that are meritorious do not result in a malpractice lawsuit.

In order to be successful in bringing a medical malpractice claim, a plaintiff must prove that the doctor acted in violation of the standard of care when diagnosing the condition. A plaintiff's lawyer must also demonstrate that the doctor's error directly caused injury.

The litigation process in medical malpractice lawsuits can be lengthy, costly and emotionally high. Although a majority of medical malpractice cases settle without trial, the attorneys representing both parties as well as experts have to devote time and resources in discovery, negotiation, and trial preparation. In addition, doctors are often required to pay for their malpractice insurance premiums as the claims process progresses. These expenses have prompted some to call for reforms to tort law that will reduce the cost and encourage quicker settlements.

Errors in Treatment

If you visit a doctor or hospital for treatment, you expect to receive medical attention that is consistent with the established standards of practice within your community. This includes a thorough diagnosis and a sensible treatment plan and proper follow-up to ensure that your health improves. However, mistakes made by nurses, doctors, and other medical personnel can be extremely serious and could cause permanent injuries or death.

These errors can take on a variety of forms. A hospital staff member may mistakenly read the patient's chart and administer the incorrect medication. This type of mistake typically occurs in emergency rooms, where staff members are under pressure and time is short. staff members are under pressure to offer quick service. This is also the case when an ER doctor is treating a condition that is not within his or her area of expertise.

Other types of errors include prescribing the wrong drugs or giving patients the wrong dosage that causes injuries. These mistakes can be made by pharmacists, doctors, nurse practitioners, physician's assistants, and optometrists. They can also involve failing to prescribe or suggest follow-up care needed to treat the error.

Medication errors can lead to various serious injuries. Heart patients who are taking a blood thinner could cause a serious bleeding disorder. It may also trigger stroke. If you or someone you love was injured by an error in medical care and you are concerned about the consequences, consult an experienced New York medical negligence lawyer for advice on whether you are able to pursue compensation.

Negligence

Negligence can be a result of medical professionals not adhering to accepted standards. This can happen in many places, such as hospitals, doctor's offices, therapy clinics and nursing homes. If a doctor violates these guidelines and the patient suffers lasting harm the doctor may be required to compensate for the injury.

To win a malpractice claim the party who was injured must demonstrate that the physician's lapse in their professional duties led to the injuries. This is known as causation and it is a key element of the legal standard. The breach has to be a direct cause of the injury and the damage that occurred must be quantifiable, for example, Medical malpractice attorney or lost wages.

In the case of medical malpractice an attorney for a plaintiff must also convince the jury that it is more likely than not that the physician's actions or inactions contributed to the damages sought. This can be a difficult task as people are not always clear in their memories or are guided by their beliefs about the case that the other side will argue.

It is essential that the lawyer has a thorough understanding of how the medical profession functions. This knowledge can be used to show that the breach in professional duty led to the patient's injury. Medical malpractice cases are filed in federal or state courts, and usually include expert witnesses who provide evidence of how the standard care was violated.

Punitive Damages

We believe that medical professionals will treat us with skill, care and professionalism. A mistake can lead to serious injuries or even death. If the errors result in an unintentional death, the victim and their families may be entitled to compensation for the losses 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 medical equipment. Since multiple parties could be responsible it is often recommended for victims to file claims against all of them, working with their New York medical malpractice lawyers to determine which persons or businesses should be sued.

Punitive damages aim to punish the defendant for their actions and deter them from repeating the same conduct in the future. Punitive damages are not limited to specific injuries. They can be applied to a large group of people and are reserved for serious misconduct.

The first category of damages in the case of medical malpractice is a reimbursement for actual financial losses, including 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 the specific area of your case as well as in the specialty. This is a crucial step, as without the evidence you need to support your claim, it could be dismissed in the preliminary hearing.