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Medical Malpractice Attorneys

Medical professionals must comply with the highest standards of care when treating their patients. If a health-care provider is not able to meet this standard, and if the failure results in injuries or complications for the patient, there could be grounds for a malpractice lawsuit.

A successful malpractice lawsuit could aid in the payment of medical expenses or reimburse lost wages. It can also acknowledge pain and suffering. However, medical malpractice lawsuits can be complicated.

Undiagnosed

Misdiagnosis is one of the most common medical malpractice claims. This kind of claim is typically filed by a healthcare practitioner who incorrectly diagnoses the patient's condition or injury. For instance, a physician might diagnose a patient with pneumonia when the patient actually is suffering from staph. A mistake in diagnosis could have serious consequences for the patient, including death.

According to medical malpractice insurance companies the diagnosis-related malpractice claims make up for between 9 percent (obstetrics) and 61 percent (pediatrics) of their total claims. Medical malpractice claims data are not comprehensive and may be biased towards more serious mistakes. Furthermore, claims often lapse or are closed without being paid and a lot of meritorious mistakes won't result in a malpractice lawsuit.

In order to be successful in bringing a medical malpractice claim the plaintiff must demonstrate that the doctor violated the standard of care when diagnosing the condition. A lawyer representing the plaintiff must demonstrate that the doctor's error caused injury.

The litigation process in medical malpractice cases can be expensive emotional, time-consuming, and stressful. Although a majority of medical malpractice cases are settled without trial, the attorneys for both parties and experts must devote time and resources on negotiation, discovery, and trial preparation. In addition, doctors are often forced to pay the malpractice insurance premiums while the claims process is in progress. These costs have led to calls for reforms to the tort system, which would reduce the cost of litigation and help to encourage faster and more fair settlements.

Errors in Treatment

When you visit a doctor or hospital for treatment, you're expecting to receive medical care that complies with the customary practices in your local area. This includes a correct diagnosis, a reasonable treatment plan and proper follow-up to ensure that your health improves. However, mistakes made by nurses, doctors and other medical personnel can be serious and cause permanent injuries, or even death.

These errors can take on a variety of forms. For example hospital staff members could misread the patient's chart and give the wrong medication. This type of error is common in emergency rooms where staff are under pressure and time is a problem. It could also happen when a physician is treating a condition outside their area of specialization.

Other types of errors can be caused by prescribing incorrect medication or giving patients the wrong dosage, which can result in injuries. These errors can be committed by pharmacists, doctors nurse practitioners, physician's assistants and optometrists. They can also involve an inability to prescribe or suggest follow-up care necessary to treat the problem.

Mistakes in medication can lead to a variety of serious injuries. For instance, taking an anticoagulant that is actually intended for heart patients could result in a risky bleeding disorder or cause the patient to experience stroke. If you have suffered an injury or lost a loved one to a medical mistake it is vital to speak with a seasoned New York medical malpractice lawyer to determine if you are able to pursue compensation.

Negligence

Negligence could be the result of medical professionals failing to follow accepted standards. This can happen in a variety of settings like hospitals, doctor's office, therapy clinics and nursing homes. If a doctor fails to adhere to these standards and the patient suffers lasting harm the doctor may be required to compensate the victim for the harm.

To prevail in a malpractice case, the injured party must prove that a physician's negligence in performing his professional duties led to his or her injuries. This is referred to as causation and it is a key part of the legal standard. The breach must be a direct cause of the injury and the damages that was caused must be quantifiable. For instance, medical or lost wages.

In cases of medical malpractice the lawyer representing the plaintiff must convince jurors that it is more likely than not that a physician's actions or inactions resulted in the damages sought. This is a challenging task since people aren't always clear in their memories or are guided by their beliefs about the case that the opposing side is going to argue.

It is vital that the lawyer is knowledgeable of how the medical profession operates. This knowledge can be used to show that the breach in professional duties led to the patient's injury. Medical malpractice cases can be filed in Federal or state courts. They usually involve expert witness who can explain the standard of care that was not met.

Punitive Damages

We believe that medical professionals will treat us with skill, care and professionalism. However, mistakes of a serious nature can occur and cause permanent injuries or even death. If the errors result in an unintentional death, the victims and their families may be entitled to compensation for the losses they've suffered.

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

Punitive damages are intended to punish the defendant and deter them from engaging in similar behavior in the future. Punitive damages are not limited to specific harms. They can be applied to a broad category of people, and are reserved for extreme infractions.

In a case of medical malpractice the primary category of damages is the reimbursement for financial losses. This includes medical expenses and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by giving expert testimony regarding what constitutes a breach of standard of care in your particular area and specialization. This is an important step because, without this evidence, your case could be denied at the preliminary hearing.