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Medical Malpractice Attorneys

Medical professionals must adhere to a certain standard of care for their patients. If a health care provider is not able to meet this standard and causes injuries or complications for the patient, there may be grounds for a malpractice lawsuit.

A successful malpractice lawsuit may help pay for medical costs or reimburse lost wages and acknowledge pain and discomfort. However, medical malpractice lawsuits are often complex.

Undiagnosed

Misdiagnosis is among the most frequently filed medical malpractice claims. This type of case is typically brought by a health care doctor who fails to correctly diagnose the patient’s condition or injury. For instance, a physician may diagnose a patient with pneumonia, but the patient actually is suffering from staph. A mistake in diagnosis could have serious consequences for the patient including death.

According to medical malpractice insurers medical malpractice insurers, diagnosis-related malpractice claims account for 9 percent (obstetrics) and 61% (pediatrics) of their total claims. However, medical malpractice claims data isn’t extensive and may be biased toward more severe errors. Most claims are closed or lapse without payment and many erroneous mistakes are not likely to result in the filing of a malpractice lawsuit.

In order to be successful in bringing a medical malpractice claim the plaintiff must demonstrate that the doctor acted in violation of the standard of care when diagnosing the condition. The lawyer representing the plaintiff needs to demonstrate that the doctor’s error directly caused an actual injury.

The process of bringing a medical malpractice case can be expensive, time-consuming and emotionally charged. Even though the majority of medical malpractice claims are settled outside of court attorneys and expert witnesses must invest time and money on negotiations, discovery and trial preparation. Physicians are also often required to pay malpractice insurance when the claims process is unfolding. These expenses have led some to call for tort reform which would reduce the cost and facilitate faster settlements.

Treatment Errors

You should expect that when you visit a hospital or doctor for treatment, the medical care you receive will be in accordance with the standards of practice in your locality. This includes a correct diagnosis and a reasonable treatment program and proper follow-up to ensure that your health improves. However, mistakes made by nurses, doctors and other medical professionals could be fatal and lead to permanent injuries or death.

These errors can take on a variety of forms. For example hospital staff members might misread a patient’s chart and then administer the incorrect medication. This type of error is more common in emergency rooms where staff are under pressure and time is a problem. This can also happen if a doctor treats a condition which is outside his or her area of expertise.

Other types of errors can be caused by prescribing incorrect medication or giving patients the wrong dosage which could cause injury. These mistakes can be made by pharmacists, doctors, nurse practitioners, physician’s assistants and optometrists. These errors may also include the failure to suggest or prescribe the appropriate follow-up procedure to correct the error.

Medication mistakes can cause a variety of serious injuries. For instance, consuming an unapproved blood thinner that’s specifically designed for patients with heart problems could lead to a dangerous bleeding disorder or cause the patient to suffer a stroke. If you have suffered an injury or lost someone you love due to a medical error it is essential to consult with a skilled New York medical malpractice lawyer to determine if you’re eligible to seek compensation.

Negligence

When medical professionals or doctors fail to follow accepted standards of care, they may be found guilty of negligence. This can happen in various settings, including hospitals, doctor’s office, therapy clinics and nursing homes. If a doctor violates these guidelines and the patient suffers permanent harm they could be required to compensate the victim for the injury.

To win a malpractice case, the injured party must prove that a physician’s breach of professional duty caused his or her injuries. This is called causation and is a vital part of the legal requirement. The breach must be directly responsible for the injury and the damages that occurred must be quantifiable. This includes medical or lost wages.

In cases involving medical malpractice, the plaintiff’s attorney must also convince jurors that it is more likely than not that the doctor’s decision or inaction resulted in the damages claimed. This can be difficult since people’s memories may not be always clear or they are dependent on the arguments of the other side.

It is also important that the lawyer has a thorough understanding of the medical profession and the way it functions. This understanding can help prove that the breach of professional duty was a direct cause of the patient’s injuries. Medical malpractice cases are filed in federal or state courts and often include expert witnesses who demonstrate how the standard of care was not met.

Punitive Damages

We believe that medical professionals will provide us with the best care and professionalism. However, mistakes of a serious nature can occur that can cause life-long injuries or even death. If those mistakes result in an unintentional death, the victim and their families could be entitled to compensation for the losses they’ve suffered.

In wrongful death cases hospitals, doctors and nurses, physical therapists and pharmacists along with diagnostic imaging technicians and manufacturers of medical equipment, can be sued. Since multiple parties could be at fault in a case, it’s generally recommended for victims to bring claims against them all in conjunction with their New York medical malpractice lawyers to determine which individuals or businesses need to be sued.

Punitive damages are designed to penalize the defendant and discourage them from engaging in similar behavior 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.

The primary type of damages in a medical malpractice lawsuit is the reimbursement for actual financial losses, such as expenses for medical care and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by providing an expert’s opinion on what constitutes a breach of the standards of care in your particular area and specialization. This is an important step since without this evidence, your claim may be denied at the preliminary hearing level.