Then You ve Found Your Medical Malpractice Legal ... Now What

Medical Malpractice Attorneys

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

A successful malpractice lawsuit could help pay for medical expenses or reimburse lost wages. It can also acknowledge pain and suffering. Medical malpractice lawsuits can be complex.

Undiagnosed

medical malpractice law firms malpractice lawsuits involving incorrect diagnosis are common. This type of claim usually involves a health care provider wrongly diagnosing a patient suffering from an illness or injury. A doctor may diagnose a patient with pneumonia when the patient has staph. A misdiagnosis can have grave consequences for the patient, including death.

According to medical malpractice insurance companies the diagnosis-related malpractice claims make up for 9 percent (obstetrics) and 61% (pediatrics) of their total claims. Medical malpractice claims are comparatively small and could be biased towards more severe errors. Claimants are typically closed or lapse without payment, and many meritorious mistakes do not result in a malpractice suit.

To successfully bring a medical malpractice claim the plaintiff must show that the doctor acted in violation of the standard of care in diagnosing the condition. A plaintiff's lawyer must also demonstrate that the doctor's error directly triggered an injury.

The litigation process in medical malpractice cases can be expensive as well as time-consuming and emotionally charged. Even though the majority medical malpractice claims are settled out of court, attorneys and expert witnesses must invest time and money on discovery, negotiations and trial preparation. In addition, physicians are often required to pay for their malpractice insurance premiums while the claims process is in progress. These costs have led to demands for reforms in tort law which could reduce the cost of litigation and help to encourage more timely and fair settlements.

Errors of Treatment

When you visit a doctor or hospital to receive treatment, you are expected to receive medical treatment that complies with the customary standards of practice in your community. This includes a clear diagnosis and a reasonable treatment program and adequate follow-up in order to ensure that your health improves. But mistakes made by nurses, doctors and other medical professionals can be serious and result in permanent injuries or death.

These mistakes can take a variety of forms. For instance hospital staff members might misread a patient's chart and prescribe the wrong medication. This type of mistake typically occurs in emergency rooms where staff members are under pressure and time is short. staff members are pressured to deliver fast service. It can also happen if a doctor treats a condition which is outside his or her expertise.

Other types of errors can include prescribing the wrong medication or giving patients the wrong dosage that can cause injuries. These mistakes can be committed by nurse practitioners, doctors as well as pharmacists, physician assistants and optometrists. These errors could also result in the failure to recommend or prescribe the required follow-up treatment to correct the error.

Mistakes in medication can cause an array of serious injuries. For instance, taking a blood thinner that is actually intended for heart patients could lead to a dangerous bleeding disorder or cause a patient to suffer a stroke. If you've suffered an injury or lost a loved one due to a medical mistake it is essential to consult with a skilled New York medical malpractice lawyer to determine whether you can pursue compensation.

Negligence

If medical professionals or doctors do not adhere to accepted standards of care, they may be liable for negligence. This can happen in a variety of situations, including hospitals, doctor's offices, therapy clinics, and nursing homes. If a doctor fails to adhere to these standards and a patient suffers lasting harm, they may be required to compensate for the harm.

In order to win a malpractice case the party who was injured must prove that the physician's breach in the discharge of professional duties caused his or her injuries. Causation is a legal norm that is crucial. The breach must be the direct cause of the injury, and the damage must be quantifiable.

In the case of medical malpractice, the plaintiff's attorney must also convince the jury that it is more likely than not that the doctor's action or inaction led to the damages demanded. This can be a difficult job since people aren't always in the clear or are guided by their beliefs about the case that the opposing side will argue.

It is also important that the lawyer has a solid knowledge of the medical profession and the way it functions. This knowledge can help to prove that the breach of professional duty was a direct cause of the patient's injuries. Medical malpractice cases can be filed in federal or state courts, and usually require an expert witness to define the standard of medical care that was violated.

Punitive Damages

We believe that medical professionals will provide us with the best care and professionalism. However, mistakes of a serious nature can occur which can lead to permanent injuries or even death. If the errors result in wrongful death, victims and their families may be entitled to compensation for the loss they've suffered.

These cases could involve claims against doctors, hospitals, nurses, physical therapists, pharmacists as well as diagnostic imaging technicians and even manufacturers of medical equipment. Since several parties could be involved it's usually recommended for victims to claim against them all in conjunction with their New York medical malpractice lawyers to determine which individuals or businesses need to be sued.

Punitive damages are designed to punish the defendant for their conduct and discourage them from repeating the same mistake in the future. Punitive damages are not limited to specific injuries. They can be applied to a whole category of people, and are reserved for extreme infractions.

The first category of damages in the case of medical malpractice is reimbursement for actual financial losses. This includes expenses for medical treatment and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by giving an expert opinion on what constitutes a breach of standards of care in the area of your case and in the field of specialization. This is an important step because without this evidence, your claim may be dismissed at the initial hearing.