알마즌닷컴

Medical Malpractice Attorneys

Medical professionals must meet an established standard of care for their patients. If a health care provider does not meet this standard, and the failure causes injuries or complications to the patient, it could be cause for a claim for malpractice.

A successful malpractice lawsuit may aid in the payment of medical expenses as well as pay back lost wages and acknowledge discomfort and pain. However, medical malpractice claims are often complex.

The wrong diagnosis

The misdiagnosis of a patient is among the most frequent medical malpractice claims. This type of claim usually involves a healthcare provider incorrectly diagnosing a patient with an illness or injury. A physician may identify a patient with pneumonia, when in reality the patient is suffering from staph. A misdiagnosis could have serious consequences, such as death.

According to medical malpractice insurance companies, diagnosis-related claims represent between 9 and 10 percent of claims (obstetrics and 61 percent for pediatrics) or their total claims. Medical malpractice claims data are limited and may be biased towards more serious errors. Most claims are dismissed or lapsed without payment and many good errors will never lead to a malpractice suit.

A plaintiff must prove that, in order to prevail on a lawsuit for medical negligence, that the doctor did not follow the standard of care when diagnosing the condition. The lawyer for the plaintiff must demonstrate that the doctor's error directly caused injury.

The litigation process in a medical malpractice case is costly time-consuming, emotionally charged and lengthy. While the majority of medical malpractice law firm malpractice cases settle out of court, attorneys for both parties and expert witnesses must spend time and resources in negotiation, discovery, and trial preparation. Doctors are also often required to pay their malpractice premiums as the claims process progresses. This has led to calls for tort reform, which would reduce the cost of litigation as well as encourage faster and more fair settlements.

Errors in Treatment

When you visit a physician or hospital for treatment, you're expecting to receive medical attention that conforms to the accepted practices in your area. This includes a correct diagnosis and a reasonable treatment plan and proper follow-up to ensure that your health improves. However, mistakes by doctors, nurses and other medical personnel can be devastating and cause permanent injury or even death.

These errors may take many forms. A hospital staff member may misread the chart of a patient and give the wrong medication. This kind of error is more common in emergency rooms in which staff are under pressure and their time is a problem. It could also occur when a physician is treating a condition outside the scope of expertise.

Other kinds of errors include prescribing the wrong medications or giving patients a wrong dosage that results in injuries. These mistakes can be made by pharmacists, doctors nurse practitioners, physician's assistants, and optometrists. They can also result in an inability to prescribe or recommend follow-up care required to correct the error.

Medication errors can lead to a wide range of serious injuries. When a heart patient is taking a medication, a blood thinner could cause bleeding disorders that are dangerous. It can also trigger stroke. If you've suffered an injury or lost someone you love due to a medical error it is essential to consult a knowledgeable New York medical malpractice lawyer to determine whether you can seek compensation.

Negligence

Negligence can be a result of doctors or medical malpractice law firm professionals who do not adhere to accepted standards. This can occur in a variety of settings, including hospitals, doctor's offices, therapy clinics and nursing homes. If a doctor fails to adhere to these guidelines and the patient suffers permanent harm it could be a requirement to compensate the victim for the injury.

To win a malpractice case the plaintiff must prove that the physician's negligence in performing his professional duties led to the injury. Causation is a legal standard that is crucial. The breach must be directly responsible for the injury. The damage that occurred must be quantifiable. This includes lost wages or medical expenses.

In the case of medical negligence an attorney for a plaintiff must also convince the jury that it is more likely than not that a doctor's actions or inactions caused the damages sought. This isn't easy since people's memories may not be always crystal clear or are in the hands of the other side.

It is also important that the lawyer has a solid understanding of the medical profession and how it operates. This knowledge can be used to show that the breach in professional duties caused the patient's injury. Medical malpractice cases can be brought in Federal or State courts, and usually require an expert witness to explain the standard of care that was breached.

Punitive Damages

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

In the case of wrongful deaths hospitals, doctors, nurses as well as pharmacists, physical therapists and doctors and diagnostic imaging technicians and manufacturers of medical equipment, could be sued. Since multiple parties could be responsible, it's often advisable for victims to claim against all of them and work with their New York medical malpractice lawyers to determine which persons or businesses need to be sued.

Punitive damages are intended to punish the offender and discourage them from engaging in similar behavior in the future. Punitive damages do not have to be limited to specific ailments. They can be applied to a whole category of people, and are reserved for the most serious infractions.

In a medical malpractice case the primary category of damages is compensation for financial losses. This includes medical expenses and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by giving expert testimony on what constitutes a breach of standard of care within the specific area of your case as well as in the specialty. This is an essential step because, without the evidence you require to support your claim, it may be dismissed during the initial hearing.