logo

Medical Malpractice Attorneys

Medical professionals must adhere to the requirements of a certain standard of treatment for their patients. If a medical professional does not meet this standard, and the negligence causes injuries or complications for the patient, it may be grounds for a lawsuit for negligence.

A successful malpractice lawsuit can aid in the payment of medical expenses, reimburse lost wages, and acknowledge pain and discomfort. However, medical malpractice lawsuits are usually complicated.

Undiagnosed

Medical malpractice claims involving misdiagnosis are quite common. This type of claim is usually brought by a health care practitioner who incorrectly diagnoses an injury or illness of a patient. For instance, a doctor might diagnose a patient with pneumonia when the patient in fact suffers from staph. A misdiagnosis can have grave consequences for the patient, including death.

According to medical malpractice insurers medical malpractice insurers, diagnosis-related malpractice claims account for between 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. However, medical malpractice claims data is not comprehensive and could be biased towards more serious mistakes. Furthermore, claims often lapse or are closed without payment and a lot of meritorious mistakes won't result in a malpractice lawsuit.

To succeed in bringing a medical malpractice claim, a plaintiff must prove that the doctor acted in violation of the standard of care in diagnosing the condition. A plaintiff's lawyer must also show that the doctor's mistake directly led to an injury.

The litigation process in medical malpractice lawsuits can be time-consuming, expensive and emotionally demanding. Although the majority of medical malpractice cases are settled without trial, the attorneys representing both parties as well as expert witnesses have to spend time and money on negotiation, discovery, as well as trial preparation. Physicians are also often required to pay their malpractice costs when the claims process is unfolding. These costs have prompted some to advocate for tort reform that could reduce the amount and facilitate faster settlements.

Errors in Treatment

When you visit a doctor or hospital for treatment, you're expecting to receive medical attention that complies with the customary guidelines of practice in your area. This includes a correct diagnosis and a suitable treatment plan, and the proper follow-up to ensure your health improves. However, mistakes by doctors, nurses and other medical staff can be severe and result in permanent injuries or even death.

These errors can take many forms. For example staff members at hospitals may misread a patient's medical chart and give the wrong medication. This kind of error is most common in emergency rooms in which staff are under pressure and time is a problem. This could also happen when a doctor treats a condition which is outside their expertise.

Other types of errors comprise prescribing incorrect medications or giving patients the wrong dosage that causes injuries. These errors can be made by doctors, nurse practitioners and pharmacists, physician assistants and optometrists. These errors can also include a failure to recommend or prescribe the required follow-up procedure to correct the error.

Incorrect medication can result in an array of serious injuries. For heart patients, a blood thinner could cause a dangerous bleeding disorder. It may also trigger stroke. If you or someone you love was injured by an error made by a doctor it is recommended that you consult an experienced New York medical negligence lawyer to determine if you are eligible to be eligible for compensation.

Negligence

When medical malpractice law firm professionals or doctors fail to adhere to accepted standards of care, they may be found guilty of carelessness. This can occur in a variety of places, such as hospitals, doctor's offices, therapy clinics and nursing homes. If a doctor does not adhere to these standards and the patient suffers permanent harm it could be necessary to compensate for the harm.

In order to win a malpractice case the plaintiff has to demonstrate that the physician's lapse in professional duties led to the injury. This is called causation and it is a key aspect of the legal norm. The breach must be a direct cause of the injury, and the damage must be quantifiable.

In cases involving medical malpractice attorneys representing the plaintiff must also convince jurors that it is more probable than not that the doctor's decision or inaction resulted in the damages demanded. 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 is going to argue.

It is vital that the lawyer has a good understanding of how the medical profession functions. This knowledge can be used to show that the breach in professional duties led to the patient's injury. Medical malpractice cases can be filed in state or Federal courts, and often require an expert witness to describe the standard of care that was breached.

Punitive Damages

We are often conditioned to believe that we can trust medical professionals to treat us with skill and care. However, serious mistakes can happen that can cause life-long injuries or even death. If these mistakes result in wrongful death, victims and their families may be entitled compensation for the damages they've suffered.

The wrongful death case can involve claims against hospitals, doctors, nurses, physical therapists pharmacists and diagnostic imaging technicians and even medical equipment. It is crucial to sue everyone involved since multiple parties may be responsible. Victims should work with their New York medical negligence lawyers to determine which individuals or firms are accountable.

Punitive damages aim to punish the defendant for their actions and discourage them from repeating the same mistake in the future. As opposed to compensatory damages that are intended to address specific damages they can be imposed on a large class of people and they are usually reserved for extreme misconduct.

The primary category of damages in the medical malpractice lawsuit is the reimbursement of actual financial losses, such as 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 standard of care within the area of your case and in the field of specialization. This is an essential step, as without the evidence to prove your case, it could be dismissed during the initial hearing.