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Medical Malpractice Attorneys

Medical professionals must meet an exacting standard of care for their patients. If a healthcare provider is not able to meet this standard and that failure results in injuries or other complications for the patient, there may be grounds for a malpractice lawsuit.

A successful malpractice lawsuit can help pay for medical expenses as well as recoup lost wages and acknowledge pain and suffering. Medical malpractice lawsuits aren't always straightforward.

Undiagnosed

Medical malpractice claims that involve misdiagnosis are quite common. This type of claim typically involves a healthcare provider wrongly diagnosing a patient suffering from an injury or illness. A doctor might identify a patient as having pneumonia, when in reality the patient has staph. A mistake could result in serious consequences for the patient 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. Medical malpractice claims data are not comprehensive and could be biased towards more serious errors. Claimants are typically shut down or not paid, and many meritorious mistakes will never lead to an action for malpractice.

In order to be successful in bringing a medical malpractice claim the plaintiff must demonstrate that the doctor violated the standard of care when diagnosing the condition. The lawyer for the plaintiff must demonstrate that the doctor's error directly triggered an injury.

The process of bringing medical malpractice lawsuits can be lengthy, costly and emotionally intense. Even though the majority of medical malpractice claims are settled out of court attorneys and expert witnesses have to spend time and money on negotiations, discovery, and trial preparation. In addition, doctors are often forced to pay the premiums for malpractice insurance as the claims process progresses. These costs have led some to call for tort reform, which will lower the cost and encourage quicker settlements.

Treatment Errors

You can expect that when go to a doctor or a hospital to receive treatment, the medical treatment you receive will be in line with the standard of practice in your locality. This includes a correct diagnosis and a reasonable treatment plan and a proper follow-up to ensure that your health improves. But 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 could misread the patient's chart and give the wrong medication. This type of error is common in emergency rooms where staff are under pressure and time is limited. This can also happen if a doctor treats a condition which is outside his or her area of expertise.

Other types of mistakes include prescribing incorrect medications or prescribing patients with the wrong dosage that can cause injuries. These mistakes can be made by nurse practitioners, doctors or pharmacists, physician assistants, and optometrists. They can also result in the failure to prescribe or recommend follow-up treatment required to correct the problem.

Mistakes in medication can cause a wide range of serious injuries. For example, taking an unapproved blood thinner that's specifically designed for heart patients could result in a risky bleeding disorder or cause the patient to experience a stroke. If you or a loved one is injured as a result of an error in medicine, you should consult an experienced New York medical negligence lawyer to determine whether you can pursue compensation.

Negligence

Negligence can be a result of doctors or Medical malpractice Attorney professionals not adhering to accepted standards. This can happen in many situations, including hospitals, doctor's offices, therapy clinics, and nursing homes. If a physician violates these standards and the patient suffers permanent harm, they could be required to compensate for this harm.

In order to win a malpractice claim the party who was injured must show that the physician's breach of professional obligations caused his or her injuries. Causation is a legal norm that is essential. The breach must be a direct cause of the injury and the damage that was caused must be quantifiable. This includes medical or lost wages.

In cases involving medical negligence the attorney representing the plaintiff must also convince jurors that it is more probable than not that the physician's actions or inactions led to the damages demanded. This is a challenging task because people aren't always in a clear mind or are in awe of what they believe that the other side will say.

It is important that the lawyer is knowledgeable of how the medical profession works. This knowledge can be used to prove that the breach of professional duty led to the patient's injury. Medical malpractice cases are filed in federal or state courts, and typically have expert witnesses who describe how the standard of care was violated.

Punitive Damages

We often assume that medical professionals will treat us with skill, care and professionalism. But mistakes can be serious which can lead to permanent injuries or even death. If the errors cause a wrongful demise, the family members of the victims could be entitled to compensation for the injuries they've suffered.

In the case of wrongful deaths, hospitals, doctors and nurses, physical therapists and pharmacists and diagnostic imaging technicians and manufacturers of medical equipment, could be sued. Since several parties could be involved it is often recommended for victims to file claims against them all in conjunction with their New York medical malpractice lawyers to determine which individuals or companies should be sued.

Punitive damages are intended to punish the offender and discourage them from engaging in similar conduct in the future. Unlike compensatory damages, which are designed to target specific damages, punitive damages can be imposed on a large category of people, but they are usually reserved for the most serious of violations.

In a medical malpractice case the primary category of damages is the reimbursement for financial losses. This includes medical costs and lost wages. Your New York medical negligence lawyer can help you determine the amount of your losses by providing expert testimony on what constitutes a violation of the standard of care in the specific location and area of the. This is an important step because without this evidence, your claim may be dismissed at the preliminary hearing.