Medical Malpractice AttorneysMedical professionals must adhere to the highest standards of care when treating their patients. If a health-care provider fails to adhere to this standard, and if the failure causes injuries or complications for the patient, there may be grounds for a malpractice claim.
A successful malpractice case could aid in the payment of medical expenses, reimburse lost wages, as well as acknowledge pain and discomfort. Medical malpractice claims can be a bit complicated.
Misdiagnosis
Medical malpractice claims that involve misdiagnosis are not uncommon. This type of claim is usually brought by a health care doctor who fails to correctly diagnose an injury or illness of a patient. A physician might diagnose a patient as having pneumonia when in fact the patient has staph. A misdiagnosis could have serious consequences, including death.
According to medical malpractice insurance companies that cover diagnosis-related malpractice, claims for this type of malpractice account for between 9 percent (obstetrics) and 61% (pediatrics) of their total claims. Medical malpractice claims are comparatively small and may be biased towards more serious mistakes. Most claims are dismissed or lapsed without payment and many good errors will never lead to a malpractice suit.
To succeed in bringing an action for medical malpractice, a plaintiff must prove that the doctor did not follow the standard of care in diagnosing the condition. A plaintiff's attorney must also prove that the doctor's mistake resulted in injury.
The process of litigation in medical malpractice cases can be expensive as well as time-consuming and emotionally charged. Even though the majority medical malpractice claims are settled outside of court, attorneys and expert witnesses are required to invest time and money in negotiations, discovery and trial preparation. Physicians are also often required to pay their malpractice costs as the claims process unfolds. These expenses have led to calls for reforms to tort law which would lower the cost of litigation and promote faster and more fair settlements.
Errors in Treatment
You expect that when you visit a physician or hospital to receive treatment, the medical care you receive will be in line to the standard of care in your locality. This includes accurate diagnosis and a sensible course of treatment, and a proper follow-up to ensure that your health improves. However, errors made by nurses, doctors, and other medical professionals can be serious and cause permanent injury or even death.
These errors can take many forms. For instance staff members at hospitals may misread a patient's medical chart and prescribe the incorrect medication. This kind of error usually occurs in emergency rooms, where there is a short time frame and staff members are under pressure to provide quick service. It could also happen when a doctor treats an issue that is outside of the scope of expertise.
Other kinds of errors include prescribing the wrong drugs or giving patients an incorrect dosage that causes injury. These mistakes can be made by pharmacists, doctors, nurse practitioners, physician's assistants and optometrists. These mistakes can also be a result of the failure to suggest or prescribe the appropriate follow-up procedure to correct the error.
Medication mistakes can cause various serious injuries. For instance, consuming the wrong blood thinner specifically designed for patients with heart problems could result in a risky bleeding disorder or result in a stroke. If you've suffered an injury or lost a loved one due to a medical mistake, it is crucial to consult with an experienced New York medical malpractice lawyer to determine if you're eligible to seek compensation.
Negligence
Negligence can be a result of medical professionals who do not adhere to accepted standards. This can occur in a variety of settings, such as hospitals, doctor's office, therapy clinics and nursing homes. If a physician violates these rules and the patient suffers permanent harm the doctor could be liable to pay for the damage.
In order to win a malpractice claim the plaintiff must show that the physician's breach of professional obligations caused his or her injuries. This is called causation and it is a key part of the legal requirement. The breach must be a direct cause of the injury and the damages that occurred must be quantifiable, such as medical or lost wages.
In cases of medical malpractice an attorney for a plaintiff must also convince the jury that it is more likely than not that a doctor's actions or inactions resulted in the damages sought. This can be difficult because people's memory isn't always clear or they are affected by the arguments of the opposing side.
It is essential that the lawyer is aware of how the medical profession operates. This understanding can help prove that the breach of professional duty was the main cause of the patient's injuries. Medical malpractice cases are filed in federal or state courts and often involve expert witnesses who can demonstrate how the standard of medical care was not met.
Punitive Damages
We take for granted that we can trust medical professionals to treat us with expertise and care. However, mistakes of a serious nature can occur which can lead to permanent injuries or even death. When those errors lead to an unintentional death, the victims and their loved ones may be entitled to compensation for the losses they've suffered.
In cases of wrongful death hospitals, doctors and nurses along with pharmacists,
medical malpractice lawyer physical therapists, and pharmacists, as well as diagnostic imaging technicians and manufacturers of medical equipment, can be sued. Since many parties could be accountable, it's often advisable for victims to file claims against all of them while working with their New York medical malpractice lawyers to determine which people or businesses need to be sued.
Punitive damages aim at punishing the defendant for their actions and prevent them from repeating the same mistake in the future. Punitive damages do not have to be limited to specific damages. They can be applied to a large category of people, and are reserved for serious infractions.
In a medical malpractice case the first type of damages is remuneration for financial losses. This includes medical expenses and lost wages. Your New York
medical malpractice lawyer can help you establish the amount of your losses by providing 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 a crucial step because, without this evidence, your case could be dismissed at the initial hearing level.