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Medical Malpractice Attorneys

Medical professionals must adhere to the highest standards of care when caring for their patients. If a healthcare provider does not adhere to this standard and that failure results in injuries or complications for the patient, there may be grounds for a malpractice lawsuit.

A successful malpractice case could help pay for medical costs, reimburse lost wages, and acknowledge pain and discomfort. Medical malpractice lawsuits aren't always straightforward.

Undiagnosed

The misdiagnosis of a patient is among the most frequently filed medical malpractice claims. This type of claim typically involves a healthcare provider wrongly diagnosing a patient suffering from an illness or injury. For example, a physician might diagnose a patient as having pneumonia when the patient in fact has staph infection. A misdiagnosis could cause serious consequences for the patient including death.

According to medical malpractice insurance companies, diagnosis-related malpractice claims account for 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. Medical malpractice claims are comparatively small and may be biased towards more serious mistakes. Furthermore, claims often lapse or are closed without being paid and many meritorious errors won't result in a malpractice lawsuit.

To successfully bring an action for medical malpractice, a plaintiff must prove that the doctor did not follow the standard of care when diagnosing the condition. A lawyer representing the plaintiff must prove that the doctor's mistake caused injury.

The process of bringing medical malpractice cases can be expensive emotional, time-consuming, and stressful. Although the majority malpractice cases settle out of court, attorneys representing both parties as well as experts must devote time and money in negotiation, discovery, as well as trial preparation. In addition, doctors are often forced to pay the malpractice insurance premiums as the claims process proceeds. These costs have led some to call for tort reform which will reduce the cost and speed up settlements.

Errors in Treatment

You should expect that when you visit a doctor or hospital for treatment, the medical attention you receive will be in line with the standard of care in your area. This includes a correct diagnosis and a suitable course of treatment, and a proper monitoring to ensure that your health improves. However, errors made by nurses, doctors and other medical personnel can be serious and cause permanent injuries or even death.

These errors can take on a variety of forms. A hospital staff member could misread the patient's chart and then administer the wrong medication. This kind of error is more common in emergency rooms, where staff are under pressure and their time is a problem. It could also happen when a doctor is treating an illness that is not within his or her area of specialization.

Other kinds of errors include prescribing the wrong drugs or giving patients the wrong dosage that causes injuries. These mistakes can be made by nurse practitioners, doctors, physician assistants, pharmacists and optometrists. These errors can also include the failure to recommend or prescribe the appropriate follow-up treatment to correct the error.

Mistakes in medication can cause a wide range of serious injuries. Taken by heart patients, a blood thinner could cause bleeding disorders that are dangerous. It could also cause a stroke. If you have suffered an injury or lost a loved one to a medical error, it is crucial to consult a knowledgeable New York medical malpractice lawyer to determine if you can pursue compensation.

Negligence

Negligence can be a result of medical professionals failing to follow accepted standards. This can happen in a variety of situations, including hospitals, doctor's offices, therapy clinics, and nursing homes. If a doctor fails to adhere to these guidelines and the patient is permanently hurt it could be necessary to pay for the damage.

To win a malpractice claim the plaintiff has to establish that the doctor's failure in professional duties led to the injuries. This is known as causation and is a vital element of the legal standard. The breach must be a direct cause of the injury, and the damage must be quantifiable.

In the case of medical negligence the lawyer representing the plaintiff must convince jurors that it is more likely than not that the physician's actions or inactions contributed to the damages sought. This can be difficult because people's memory isn't always clear or they are influenced by the arguments of the opposing side.

It is crucial that the lawyer also is knowledgeable of how the medical profession works. This knowledge can be used to prove that the breach of professional duties caused the patient's injury. Medical malpractice cases can be filed in federal or state courts. They usually include expert witnesses who provide the standard of care that was breached.

Punitive Damages

We believe that medical professionals will provide us with the best care and professionalism. But mistakes can be serious and cause permanent injuries or even death. If these errors cause wrongful death, victims and their families could be entitled to compensation for the loss they've suffered.

In wrongful death cases hospitals, doctors, nurses as well as pharmacists and physical therapists along with diagnostic imaging technicians, as well as manufacturers of medical equipment are all liable to be sued. Because multiple parties could be at fault, it's often advisable for victims to claim against them all, working with their New York medical malpractice lawyers to determine which individuals or companies need to be sued.

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

The primary type of damages in the medical malpractice lawsuit is the reimbursement for actual financial losses, which include the cost of medical treatment and lost wages. Your New York medical negligence lawyer can assist you in determining the amount of your losses by presenting expert testimony on what is considered to be a violation of normal care for the area of the case and the specialty. This is a crucial step, as without the evidence to support your claim it could be dismissed in the initial hearing.