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Medical Malpractice Attorneys

Medical professionals must meet a certain standard of care when caring for their patients. If a health care provider fails to adhere to this standard, and if the failure results in injuries or other complications for the patient, there may be grounds for a malpractice claim.

A successful malpractice lawsuit could assist in the payment of medical costs, reimburse lost wages and acknowledge the pain and suffering. Medical malpractice claims can be complicated.

The wrong diagnosis

Medical malpractice lawsuits involving misdiagnosis are common. This type of case is typically filed by a healthcare provider who misdiagnoses an injury or illness in a patient. For instance, a physician might diagnose a patient with pneumonia, but the patient actually is suffering from staph. A mistake can have serious consequences, including death.

According to medical malpractice insurance companies, claims related to diagnosis comprise between 9 and 9 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. However the information on medical malpractice claims is not extensive and could be biased towards more serious errors. In addition, claims frequently expire or are closed without payment and a large number of errors that are meritorious do not result in a malpractice lawsuit.

To successfully bring an action for medical malpractice, the plaintiff must prove that the doctor did not follow the standard of care when diagnosing the condition. The lawyer for the plaintiff must prove that the doctor's error directly caused an actual injury.

The process of bringing a medical malpractice lawsuit can be long-winded, costly and emotionally high. While the majority of medical malpractice cases are settled out of court, the attorneys representing both parties as well as experts have to devote time and money on discovery, negotiation, and trial preparation. Physicians are also frequently required to pay malpractice insurance as the claims process is developing. These expenses have prompted some to call for reforms to tort law that will lower the cost and promote more timely settlements.

Errors of Treatment

If you visit a doctor or hospital for treatment, you're expecting to receive medical care that is in accordance with the standard practices in your area. This includes a thorough diagnosis and a sensible treatment plan and adequate follow-up in order to ensure that your health improves. However, mistakes by doctors, nurses and other medical personnel can be devastating and result in permanent injuries or even death.

These mistakes can take a variety of forms. Hospital staff members could miss-read the chart of a patient and administer the incorrect medication. This type of error is common in emergency rooms in which staff are under pressure and time is limited. This can also happen if the doctor treats a problem which is outside their expertise.

Other types of mistakes include prescribing the wrong drugs or giving patients a wrong dosage that results in injury. These mistakes can be committed by doctors, nurse practitioners and pharmacists, physician assistants and optometrists. They can also involve a failure to prescribe or suggest follow-up care needed to treat the error.

Medication mistakes can cause numerous serious injuries. For example, taking an anticoagulant that is specifically designed for patients with heart problems could result in a risky bleeding disorder or cause the patient to suffer stroke. If you or someone you love is injured as a result of a medical mistake, you should consult an experienced New York medical negligence lawyer to determine whether you can be eligible for compensation.

Negligence

Negligence can result of doctors or medical professionals failing to follow accepted standards. This can happen in many different settings, like hospitals, doctor's office, therapy clinics and nursing homes. If a doctor fails to adhere to these guidelines and a patient is permanently hurt, they could be required to pay for the damage.

To win a malpractice claim the plaintiff has to show that the doctor's breach in the discharge of professional duties caused the injury. Causation is a legal standard that is essential. The breach has to be a direct cause of the injury and the damage that occurred must be quantifiable, for example, medical expenses or lost wages.

In cases of medical malpractice, a plaintiff's lawyer must also convince the juror that it is more likely than not that a physician's actions or inactions caused the damages sought. This can be challenging because people's memories aren't always crystal clear or are influenced by the arguments of the opposing side.

It is also essential that the lawyer has a solid understanding of the medical profession and how it operates. This knowledge can help to establish that the breach of professional duty was a direct cause of the patient's injuries. Medical malpractice cases can be brought in Federal or State courts, and they often require expert witnesses to provide the standard of care that was violated.

Punitive Damages

We often 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 result in an unintentional death, the victims and their families may be entitled to compensation for the loss they've suffered.

In cases of wrongful death, hospitals, doctors and nurses as well as pharmacists, physical therapists and doctors, as well as diagnostic imaging technicians and manufacturers of medical equipment, can be sued. It is essential to sue all the parties involved, since there could be multiple parties responsible. Victims must consult with their New York medical negligence lawyers to determine which individuals or firms are accountable.

Punitive damages are intended to punish the defendant and discourage them from engaging in similar conduct in the future. As opposed to compensatory damages that are intended to remedy specific harms however, punitive damages can be imposed on a large class of people and they are usually reserved for the most serious of violations.

The primary type of damages in a medical malpractice lawsuit is reimbursement for actual financial losses. This includes medical costs and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by giving an expert's opinion on what constitutes a breach of the standards of care in your case's locality and specialty. This is an essential procedure, since without the evidence to support your claim, it could be dismissed at the initial hearing.