Medical Malpractice Attorneys
Medical professionals must meet 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 causes injury or complications for the patient, there may be grounds for a malpractice claim.
A successful malpractice lawsuit can help pay for medical expenses pay back lost wages, and acknowledge the pain and suffering. However, medical malpractice lawsuits are usually complicated.
Undiagnosed
Medical malpractice lawsuits involving misdiagnosis are quite common. This type of claim typically involves a health care provider incorrectly diagnosing a patient with an illness or injury. A doctor may identify a patient as having pneumonia when in fact the patient is suffering from staph. A mistake could result in serious consequences for the patient including death.
According to medical malpractice insurance companies, diagnosis-related claims comprise between 9 percent and 91 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 mistakes. Claims are often dismissed or lapsed without payment and many erroneous mistakes will never lead to a malpractice suit.
A plaintiff must demonstrate that, in order to be successful in a lawsuit for medical negligence that the doctor did not follow the standard of care when diagnosing the condition. A plaintiff's attorney must also demonstrate that the doctor's error caused injury.
The litigation process in medical malpractice lawsuits is time-consuming, costly and emotionally demanding. Although a majority of medical malpractice cases are settled out of court, the attorneys representing both parties as well as expert witnesses must spend time and money in negotiations, discovery, and trial preparation. Doctors are also often required to pay their malpractice costs when the claims process is developing. These costs have prompted some to advocate for tort reform, which could reduce the amount and promote more timely settlements.
Treatment Errors
When you visit a physician or hospital to receive treatment, you are expected to receive medical attention that is in accordance with the standard standards of practice within your area. This includes a correct diagnosis and a sensible treatment plan and adequate follow-up in order to ensure that your health improves. However, errors made by nurses, doctors or other medical personnel can be extremely serious and could lead to permanent injuries or death.
These errors can take on a variety of forms. A hospital staff member may not understand the patient's chart and give the wrong medication. This type of error is common in emergency rooms where staff members are under pressure and time is limited. It could also happen when a physician treats an issue outside of his or her area of specialization.
Other types of errors include prescribing incorrect medications or giving patients a wrong dosage that results in injury. These errors can be committed by pharmacists, doctors nurse practitioners, physician's assistants, and optometrists. These errors may also include failing to recommend or prescribe the follow-up procedure to fix the mistake.
A mistake in the dosage of a medication can result in various serious injuries. For instance, consuming an unapproved blood thinner that's specifically designed for patients with heart problems can cause a bleeding disorder or cause the patient to experience stroke. If you have suffered an injury or lost someone you love due to a medical mistake, it is crucial to consult with a skilled New York
independence medical malpractice lawsuit malpractice lawyer to determine if you can seek compensation.
Negligence
Negligence may be the result of medical professionals failing to follow accepted standards. This can happen in many different settings, such as hospitals, doctor's office, therapy clinics, and nursing homes. If a doctor fails to adhere to these rules and the patient suffers permanent harm, they could be required to compensate for this harm.
To win a malpractice case the person who suffered the injury must prove that the physician's breach of professional obligations caused his or her injuries. Causation is a legal requirement that is essential. The breach must be a direct cause of the injury and the damages that occurred must be quantifiable, such as
prattville medical malpractice law firm expenses or lost wages.
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 doctor's actions or inactions led to the damages sought. This can be a difficult job since people aren't always able to recall their actions or are affected by the opinions that the other side will say.
It is also important that the lawyer has a solid understanding of the medical profession and how it functions. This knowledge can be used to show that the breach of professional duty caused the patient's injury. Medical malpractice cases can be brought in Federal or State courts, and often include expert witnesses who provide the standard of care that was violated.
Punitive Damages
We are often under the impression that medical professionals will treat us with skill, care and professionalism. However, mistakes of a serious nature can occur, leading to lifelong injuries or even death. If these errors lead to wrongful death, the victims and their families may be entitled to compensation for damages they've suffered.
In the case of wrongful deaths hospitals, doctors and nurses as well as pharmacists, physical therapists and doctors along with diagnostic imaging technicians, as well as manufacturers of medical equipment could be sued. Since multiple parties could be at fault it is often recommended for victims to bring claims against all of them while working with their New York medical malpractice lawyers to determine which persons or companies should be sued.
Punitive damages are designed to punish the offender and deter them from engaging in similar conduct in the future. In contrast to compensatory damages, which are intended to address specific harms, punitive damages can be applied to an entire class of people and they are usually reserved for cases of extreme misconduct.
In a case of medical malpractice the first type 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 providing expert testimony regarding what constitutes a breach of the standards of care in your particular area and specialization. This is an important step because, without this evidence, your case could be dismissed at the preliminary hearing level.
