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Medical Malpractice Attorneys

Medical professionals must adhere to a standard of care when caring for their patients. If a health-care 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 suit can aid in paying medical malpractice law firm expenses, reimburse lost wages and acknowledge pain and suffering. However, medical malpractice lawsuits are often complex.

Undiagnosed

The misdiagnosis of a patient is among the most common medical malpractice claims. This type of case typically involves a healthcare provider mistakenly diagnosing a patient who has an illness or injury. A doctor might diagnose a patient as having pneumonia when the patient has staph. A misdiagnosis can have serious consequences, such as death.

According to medical malpractice insurance companies, diagnosis-related claims comprise between 9 percent and 91 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. However the data on medical malpractice claims is not comprehensive and could be biased toward more severe mistakes. Claims are often closed or lapse without payment and many erroneous mistakes will never lead to a malpractice suit.

To successfully bring a medical malpractice claim, the plaintiff must prove that the doctor acted in violation of the standard of care in diagnosing the condition. A lawyer representing the plaintiff must prove that the doctor's mistake caused injury.

The process of litigation in a medical malpractice case is costly time-consuming, emotionally charged and lengthy. While the majority of medical malpractice cases are settled without trial, the attorneys representing both parties as well as experts must devote time and resources in negotiations, discovery, and trial preparation. Additionally, doctors are often forced to pay for their malpractice insurance premiums while the claims process unfolds. These expenses have led some to advocate for reforms to tort law that will lower the cost and encourage quicker settlements.

Errors in Treatment

You can expect that when go to a doctor or a hospital for treatment, the care you receive will be in accordance with the standards of practice in your area. This includes a thorough diagnosis, a reasonable treatment plan and adequate follow-up in order to ensure that your health improves. However, errors made by nurses, doctors and other medical professionals could be fatal and lead to permanent injuries or even death.

These errors can take on a variety of forms. A hospital employee could misread the chart of a patient and administer the incorrect medication. This kind of error is more common in emergency rooms, where staff are under pressure and their time is limited. This can also happen if an ER doctor is treating a condition which is outside his or her area of expertise.

Other types of errors include prescribing the wrong drugs or giving patients a wrong dosage that causes injury. These errors can be committed by pharmacists, doctors nurse practitioners, physician's assistants and optometrists. These mistakes can also be a result of failing to recommend or prescribe the necessary follow-up treatment to fix the mistake.

Incorrect medication can cause a variety of serious injuries. For instance, taking an unapproved blood thinner that's specifically designed for heart patients could lead to a dangerous bleeding disorder or cause the patient to suffer stroke. If you've suffered an injury or lost someone you love due to a medical error it is vital to speak with a seasoned New York medical malpractice lawyer to determine whether you can seek compensation.

Negligence

When medical professionals or doctors do not follow accepted standards of care, they could be guilty of negligence. This can happen in a variety of settings like hospitals, doctor's office, therapy clinics and nursing homes. If a doctor does not adhere to these guidelines and the patient is permanently hurt they may be required to compensate for this harm.

To win a malpractice case the party who was injured must prove that the physician's negligence in performing his professional duties led to the injury. 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 the event of medical malpractice the lawyer representing the plaintiff must also convince the jury that it is more likely than not that a doctor's actions or inactions contributed to the damages sought. This can be difficult 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 is aware of how the medical field operates. This knowledge can assist in establish that the breach of professional duty was the main cause of the patient's injuries. Medical malpractice cases can be brought in Federal or State courts. They usually involve expert witness who can define the standard of medical care that was violated.

Punitive Damages

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

The wrongful death case can involve lawsuits against hospitals, doctors nurses, physical therapists pharmacists as well as diagnostic imaging technicians and even medical equipment. It is essential to sue everyone involved since many parties could be responsible. Victims should work with their New York medical negligence lawyers to determine who or which firms are accountable.

Punitive damages are designed to punish the defendant and discourage them from repeating the same behavior in the future. As opposed to compensatory damages that are intended to address specific harms however, punitive damages can be applied to a broad group of people, and they are usually reserved for extreme misconduct.

The first type of damages in the case of medical malpractice is reimbursement for actual financial losses, which include medical costs 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 the specific area of your case as well as in the specialty. This is an important step as without this evidence, your case could be denied at the preliminary hearing level.