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Medical Malpractice Attorneys

Medical professionals must meet an established standard of care for their patients. If a medical professional does not adhere to this standard and causes injury or complications for the patient, there could be grounds for a malpractice lawsuit.

A successful malpractice case can assist in the payment of medical costs pay back lost wages, and acknowledge the pain and suffering. However, medical malpractice claims are often complicated.

Misdiagnosis

Medical malpractice claims involving misdiagnosis are not uncommon. This type of claim is usually brought by a health care provider who misdiagnoses an injury or illness in a patient. For instance, a doctor might diagnose a patient as having pneumonia when in reality the patient has a staph infection. A mistake in diagnosis can have grave consequences, such as 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, medical malpractice claims data isn't extensive and may be biased towards more serious errors. Most claims are closed or abandoned without payment, and many meritorious mistakes will never lead to the filing of a malpractice lawsuit.

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

The litigation process of a medical malpractice case is costly, time-consuming and emotionally charged. Although the majority of medical malpractice cases settle without trial, the attorneys representing both parties as well as expert witnesses have to spend time and money in negotiation, discovery, and trial preparation. Physicians are also often required to pay malpractice insurance while the claims process is developing. These costs have led to calls for tort reform which would lower the cost of litigation and help to encourage faster and more fair settlements.

Errors in Treatment

When you visit a physician or hospital for treatment, you're expected to receive medical care that conforms to the accepted practices in your area. This includes a correct diagnosis and a reasonable treatment program and a proper follow-up to ensure that your health improves. However, errors made by doctors, nurses or other medical personnel could be serious and cause permanent injury or even death.

These mistakes can take a variety of forms. For example, a hospital staff member might misread a patient's chart and administer the wrong medication. This kind of error is more common in emergency rooms where staff members are under pressure and Medical malpractice lawyers time is limited. It could also occur when a physician is treating an issue outside of the scope of expertise.

Other types of mistakes include prescribing the wrong medication or giving patients a wrong dosage that causes injuries. These mistakes can be committed by doctors, nurse practitioners as well as pharmacists, physician assistants and optometrists. These errors may also include failing to recommend or prescribe the necessary follow-up procedure to correct the error.

Medication mistakes can cause numerous serious injuries. For instance, taking an unapproved blood thinner that's specifically designed for heart patients could cause a bleeding disorder or cause the patient to experience 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 pursue compensation.

Negligence

When doctors or medical professionals do not adhere to accepted standards of care, they may be guilty of negligence. This can happen in a variety of settings such as hospitals, doctor's office, therapy clinics and nursing homes. If a physician violates those standards and a patient suffers lasting harm the doctor may be required to compensate the victim for the injury.

To prevail in a malpractice case, the injured party must show that the physician's negligence in performing his professional duties led to the injury. Causation is a legal standard that is essential. The breach must be directly responsible for the injury and the damage that was caused must be quantifiable. For instance, lost wages or medical expenses.

In the case of medical negligence the lawyer representing the plaintiff must also convince the jury that it is more likely than not that a physician's actions or inactions led to the damages sought. This can be a challenge because people's memories aren't always clear, or they are influenced by the arguments of the other side.

It is essential that the lawyer also is knowledgeable of how the medical profession works. This knowledge can be used to show that the breach of professional duties led to the patient's injury. Medical malpractice cases are filed in state or federal courts, and typically include expert witnesses who explain how the standard of care was violated.

Punitive Damages

We assume that medical professionals will treat us with skill, care and professionalism. However, serious mistakes can happen, leading to lifelong injuries or even death. If these errors cause a wrongful death, victims and their family members may be entitled to compensation for the loss they've suffered.

Wrongful death cases can include claims against hospitals, doctors nurses, physical therapists, pharmacists as well as diagnostic imaging technicians and even medical equipment. Since several parties could be involved in a case, it's generally recommended for victims to file claims against them all, working with their New York medical malpractice lawyers to determine which people or companies should be sued.

Punitive damages are designed to punish the defendant for their actions and prevent them from repeating the same behavior in the future. Punitive damages do not have to be limited to specific damages. They can be applied to a large group of people and are reserved for serious wrongdoing.

The primary category of damages in the case of medical malpractice is reimbursement for actual financial losses. This includes expenses for medical malpractice lawsuit care and lost wages. Your New York medical negligence lawyer can help you determine the amount of your damages by presenting an expert opinion on what constitutes a violation of the standard of care in the particular case's location and specialization. This is an important step as without this evidence, your case could be denied at the preliminary hearing.