Medical Malpractice Attorneys
Medical professionals must comply with the requirements of a certain standard of treatment for their patients. If a healthcare provider is not able to meet this standard and that failure causes injury or complications for the patient, there may be grounds for a malpractice lawsuit.
A successful malpractice lawsuit can aid in the payment of medical expenses as well as pay back lost wages and acknowledge discomfort and pain. However, medical malpractice lawsuits are often complex.
The wrong diagnosis
Medical Malpractice Law Firms malpractice lawsuits involving misdiagnosis are common. This type of claim usually involves a healthcare provider incorrectly diagnosing a patient with an illness or injury. For instance, a doctor may diagnose a patient with pneumonia, but the patient actually is suffering from staph. A misdiagnosis could cause serious consequences for the patient including death.
According to medical malpractice insurance companies, claims related to diagnosis make up between 9 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. Medical malpractice claims data are not comprehensive and may be biased towards more severe mistakes. Claimants are typically dismissed or lapsed without payment and many good errors won’t result in an action in a malpractice suit.
A plaintiff must show, in order to win a claim for medical malpractice that the doctor did not follow the standard of care when diagnosing the condition. A plaintiff’s attorney must also establish that the error of the doctor caused injury.
The litigation process in medical malpractice cases is costly, time-consuming and emotionally charged. Although a majority of medical malpractice cases are settled out of court, attorneys for both parties and expert witnesses must spend time and money in negotiation, discovery, and trial preparation. In addition, physicians are often required to pay their malpractice insurance premiums while the claims process unfolds. These costs have prompted some to call for reforms to tort law that will reduce the cost and facilitate faster settlements.
Errors in Treatment
When you visit a doctor or hospital for treatment, you’re expected to receive medical treatment that is in accordance with the standard practices in your local area. This includes a correct diagnosis and a sensible treatment plan and the proper follow-up to ensure that your health improves. However, errors made by doctors, nurses and other medical professionals can be extremely serious and could lead to permanent injuries or even death.
These errors may take many forms. For example hospital staff members could misread the patient’s chart and administer the wrong medication. This kind of error usually occurs in emergency rooms where there is a short time frame and staff members are under pressure to deliver fast service. It can also happen when a doctor is treating a condition outside the scope of expertise.
Other types of errors comprise prescribing the wrong medications or giving patients an improper dosage that causes injuries. These mistakes can be made by doctors, nurse practitioners as well as pharmacists, physician assistants and optometrists. They could also result in the failure to prescribe or suggest follow-up care needed to treat the error.
Incorrect medication can cause various serious injuries. Heart patients who are taking a blood thinner could cause a serious bleeding disorder. It may also trigger a stroke. If you or a loved one is injured as a result of a medical mistake it is recommended that you consult an experienced New York medical negligence lawyer to determine if you’re eligible to claim compensation.
Negligence
Negligence can result of medical professionals not adhering to accepted standards. This can occur in a variety of situations, including hospitals, doctors’ offices, therapy clinics and nursing homes. If a doctor violates these guidelines and the patient is permanently hurt it could be necessary to compensate for the harm.
In order to win a malpractice claim the party who was injured must prove that the physician’s breach of professional duty caused the injury. Causation is a legal standard that is crucial. The breach must be the direct cause of the injury, and the damage must be quantifiable.
In the case of medical malpractice lawyers representing plaintiffs must convince jurors that it is more likely than not that the physician’s actions or inactions resulted in the damages sought. This is a challenging task because people aren’t always able to recall their actions or are in awe of what they believe that the other side will argue.
It is also essential that the lawyer has a thorough knowledge of the medical profession and how it works. This knowledge can be used to prove that the breach in professional duty caused the patient’s injury. Medical malpractice cases are filed in state or federal courts, and typically involve expert witnesses who can provide evidence of how the standard care was not met.
Punitive Damages
We take for granted that we can trust medical professionals to treat us with competence and care. Incorrect treatment can result in serious injuries, or even death. If the errors cause wrongful death, the family members of the victims could be entitled compensation for the loss they’ve suffered.
In the case of wrongful deaths hospitals, doctors, nurses as well as pharmacists and physical therapists and diagnostic imaging technicians and manufacturers of medical equipment can be sued. Since several parties could be involved it’s usually recommended for victims to claim against them all and work with their New York medical malpractice lawyers to determine which persons or companies need to be sued.
Punitive damages are designed to punish the defendant and deter them from engaging in similar behavior in the future. Contrary to compensatory damages which are intended to address specific harms they can be applied to a whole class of people, and they are usually reserved for extreme misconduct.