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Medical Malpractice Attorneys

Medical professionals must follow the highest standards of care when caring for their patients. If a health-care provider is not able to meet this standard and that failure results in injuries or other complications for the patient, there could be grounds for a malpractice claim.

A successful malpractice suit can help pay for medical expenses or reimburse lost wages. It can also acknowledge the pain and suffering. However, medical malpractice claims are often complex.

Undiagnosed

Medical malpractice claims involving misdiagnosis are common. This type of case is typically filed by a healthcare provider who incorrectly diagnoses a patient's illness or injury. A doctor may identify a patient as having pneumonia, when in reality the patient has staph. A mistake could result in serious consequences for the patient including death.

According to medical malpractice insurance companies, diagnosis-related claims represent between 9 and 10 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. However the information on medical malpractice claims is not comprehensive and could be biased toward more severe errors. Claims are often dismissed or lapsed without payment and many erroneous mistakes will never lead to an action for malpractice.

A plaintiff must show the court, 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 process of bringing the case of medical malpractice can be long-winded, costly and emotionally intense. While the majority of medical malpractice cases are settled in court, attorneys representing both parties as well as experts have to devote time and resources on negotiation, discovery, as well as trial preparation. In addition, physicians are often forced to pay the premiums for malpractice insurance while the claims process unfolds. These costs have led to calls for tort reform which could reduce the cost of litigation and help to encourage more timely and fair settlements.

Errors in Treatment

If you visit a doctor or hospital for treatment, you expect to receive medical treatment that complies with the customary guidelines of practice in your community. This includes a correct diagnosis and treatment, a reasonable treatment plan, and the proper monitoring to ensure that your health improves. However, mistakes made by nurses, doctors and other medical personnel can be severe and cause permanent injury or even death.

These mistakes can take a variety of forms. For example, a hospital staff member may misread a patient's medical chart and give the incorrect medication. This type of mistake typically occurs in emergency rooms, where the time available is limited and staff members are under pressure to provide quick service. It can also happen when a doctor is treating an illness that is not within their area of specialization.

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

Incorrect medication can result in various serious injuries. For instance, taking a blood thinner that is specifically designed for heart patients could cause a bleeding disorder or cause the patient to experience stroke. If you or someone you love has been injured due to a medical mistake it is recommended that you consult an experienced New York medical negligence lawyer to determine whether you can be eligible for compensation.

Negligence

Negligence may be the result of doctors or medical professionals failing to follow accepted standards. This can occur in a variety of situations, including hospitals, doctors' offices, therapy clinics and nursing homes. If a physician fails to meet those guidelines and the patient suffers lasting harm, they may be required to pay compensation for that injury.

To prevail in a malpractice lawsuit the plaintiff must prove that the physician's breach of professional duty caused his or her injuries. This is called causation and is a vital aspect of the legal norm. The breach must be directly responsible for the injury and the damage that was caused must be quantifiable. For instance, medical or lost wages.

In the case of medical malpractice attorneys representing the plaintiff must also convince the jury that it is more likely than not that the doctor's decision or inaction resulted in the damages claimed. This isn't easy because people's memory isn't always clear or they are affected by the arguments of the opposing side.

It is crucial that the lawyer is knowledgeable of how the medical field operates. This knowledge can be used to prove that the breach of professional duties led to the patient's injury. Medical malpractice cases are filed in state or federal courts. They often have expert witnesses who explain how the standard of care was not met.

Punitive Damages

We are often conditioned to believe that we can trust medical professionals to treat us with care and care. However, serious mistakes can happen and cause permanent injuries or even death. If these errors lead to wrongful death, the victims and their families could be entitled compensation for the losses that they have suffered.

In cases of wrongful death, hospitals, doctors and nurses, physical therapists and pharmacists as well as diagnostic imaging technicians, as well as manufacturers of medical equipment, are all liable to be sued. Because multiple parties could be responsible it's usually recommended for victims to file claims against all of them and work with their New York medical malpractice lawyers to determine which people or companies should be sued.

Punitive damages are intended to punish the offender and deter them from repeating similar actions in the future. As opposed to compensatory damages that are designed to address specific damages, punitive damages can be applied to a whole group of people, and they are typically reserved for the most serious of violations.

In a case of medical malpractice the first type of damages is reimbursement for financial losses. This includes medical malpractice law firms costs and lost wages. Your New York medical negligence lawyer can help you determine the amount of your losses by providing expert testimony on what constitutes a violation of the standard of care in the area of the case and the specialty. This is an essential step because, without the evidence you require to prove your case, it could be dismissed in the preliminary hearing.