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Medical Malpractice Attorneys

Medical professionals must meet an established standard of care for their patients. If a medical professional fails to adhere this standard and this breach causes injuries or complications for the patient, it could be grounds for a claim for malpractice.

A successful malpractice suit can help pay for medical expenses as well as recoup lost wages and acknowledge the pain and suffering. However, medical malpractice lawsuits are often complex.

Incorrect diagnosis

The misdiagnosis of a patient is among the most common medical malpractice claims. This type of claim usually involves a healthcare provider mistakenly diagnosing a patient who has an illness or injury. A physician may identify a patient as having pneumonia, but in reality the patient is suffering from staph. A mistake in diagnosis could have serious consequences for the patient, including death.

According to medical malpractice insurers the diagnosis-related malpractice claims make up for 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. Medical malpractice claims data are not comprehensive and may be biased towards more serious mistakes. Furthermore, many claims fall through or are dismissed without payment and many meritorious errors won't result in a malpractice lawsuit.

A plaintiff must show, in order to win a case for medical malpractice that the doctor didn't follow the standard of care when diagnosing the condition. The attorney representing the plaintiff must show that the doctor's error caused an injury.

The process of bringing medical malpractice cases can be lengthy, costly and emotionally intense. Although the majority of medical malpractice cases settle out of court, the attorneys representing both parties as well as expert witnesses must spend time and resources on negotiation, discovery, and trial preparation. Additionally, doctors are often forced to pay for their malpractice insurance premiums as the claims process proceeds. These expenses have led to calls for reforms to the tort system which could reduce the cost of litigation and help to encourage more timely and fair settlements.

Treatment Errors

You should expect that when you go to a doctor or a hospital for treatment, the medical care you receive will be in line with the standard of care in your community. This includes a clear diagnosis and a reasonable treatment plan 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 injury or even death.

These errors can take on a variety of forms. Hospital staff members could misread the patient's chart and administer the incorrect medication. This kind of error usually occurs in emergency rooms where time is limited and overworked staff members are pressured to provide fast service. It could also happen when a physician treats an issue outside of their area of expertise.

Other types of errors can include prescribing incorrect medications or prescribing patients with the wrong dosage, which can result in injury. These errors can be committed by pharmacists, doctors nurse practitioners, physician's assistants, and optometrists. They could also result in an inability to prescribe or recommend follow-up care that is needed to treat the problem.

Incorrect medication can result in a wide range of serious injuries. For example, taking a blood thinner that is specifically designed for heart patients can cause a bleeding disorder or result in stroke. If you have suffered an injury or lost a loved one due to a medical error it is essential to speak with a seasoned New York medical malpractice lawyer to determine if you are able to seek compensation.

Negligence

When medical professionals or doctors do not adhere to accepted standards of care, they could be guilty of negligence. This can happen in various settings, such as hospitals, doctor's office, therapy clinics and nursing homes. If a physician violates these rules and the patient is permanently hurt the doctor could be liable to compensate for the harm.

To win a malpractice case the plaintiff must show that the physician's breach of professional duties 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 must be quantifiable.

In cases involving medical malpractice lawyers representing the plaintiff have to also convince jurors that it is more likely than not that the physician's action or inaction led to the damages claimed. This can be challenging since people's memories may not be always clear or they are influenced by the arguments of the opposing side.

It is important that the lawyer also has a good understanding of how the medical field operates. This knowledge can be used to show that the breach of professional duty caused the patient's injury. Medical malpractice cases are filed in federal or state courts, and typically have expert witnesses who explain how the standard of care was breached.

Punitive Damages

We often take for granted that we can trust medical professionals to treat us with expertise and care. However, serious mistakes can happen which can lead to permanent injuries or even death. If these errors lead to wrongful death, the victims and their families may be entitled to compensation for the damages they've suffered.

In cases of wrongful death, there are claims against hospitals, doctors, nurses, physical therapists, pharmacists and diagnostic imaging technicians and even medical equipment. Because multiple parties could be responsible it's usually recommended for victims to bring claims against all of them while working with their New York medical malpractice lawyers to determine which persons or companies need to be sued.

Punitive damages are intended to punish the defendant and deter them from repeating the same behavior in the future. As opposed to compensatory damages that are intended to remedy specific harms however, punitive damages can be imposed on a large group of people, and they are usually reserved for cases of extreme misconduct.

The first type of damages in a medical malpractice lawsuit is the reimbursement of actual financial losses. This includes the cost of medical treatment and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your loss by providing expert testimony on what constitutes a breach of standards of care in your particular area and specialization. This is an important step as without this evidence, your claim could be dismissed at the initial hearing.