Medical Malpractice Attorneys
Medical professionals must follow a certain standard of care when they care for their patients. If a health-care provider is not able to meet this standard and causes injury or complications for the patient, there may be grounds for a malpractice claim.
A successful malpractice lawsuit could assist in the payment of medical costs or reimburse lost wages. It can also acknowledge pain and suffering. However, medical malpractice lawsuits are often complicated.
Undiagnosed
Medical malpractice claims involving misdiagnosis are quite common. This type of claim usually involves a medical professional mistakenly diagnosing a patient who has an illness or injury. A doctor may identify a patient with pneumonia when the patient has staph. A misdiagnosis could have serious consequences, such as death.
According to medical malpractice insurers that cover diagnosis-related malpractice, claims for this type of malpractice account for between 9 percent (obstetrics) and 61% (pediatrics) of their total claims. However the information on medical malpractice claims is not comprehensive and could be biased toward more severe errors. Furthermore, claims often lapse or are dismissed without payment, and many meritorious errors do not result in a malpractice lawsuit.
To succeed in bringing a medical malpractice claim, the plaintiff must prove that the doctor violated the standard of care when diagnosing the condition. The lawyer for the plaintiff must demonstrate that the doctor's error directly triggered an injury.
The litigation process in medical malpractice cases is costly time-consuming, emotionally charged and lengthy. Although the majority malpractice cases settle in court, attorneys representing both parties as well as expert witnesses must spend time and resources in negotiation, discovery, and trial preparation. Physicians are often required to pay their malpractice costs when the claims process unfolds. These expenses have led to calls for tort reform which could reduce the cost of litigation and promote quicker and fair settlements.
Errors in Treatment
You expect that when you visit a doctor or hospital for treatment, the care you receive will be in accordance with the standards of practice in your community. This includes a thorough diagnosis and a reasonable treatment program and adequate follow-up in order to ensure that your health improves. However, mistakes made by doctors, nurses or other medical personnel could be severe and cause permanent injury or even death.
These mistakes can take a variety of forms. A hospital employee could miss-read the patient's chart and give the wrong medication. This kind of error is usually seen in emergency rooms in which staff are under pressure and their time is limited. It can also happen if a doctor treats a condition that is outside of his or her expertise.
Other types of errors can include prescribing incorrect medications or prescribing the wrong dosage to patients, which can result in injury. These mistakes can be made by pharmacists, doctors nurse practitioners, physician's assistants and optometrists. These mistakes can also be a result of failing to recommend or prescribe the appropriate follow-up treatment to rectify the error.
A mistake in the dosage of a medication can result in many serious injuries. For instance, consuming a blood thinner that is specifically designed for heart patients could result in a risky bleeding disorder or cause a patient to suffer a stroke. If you or someone you love is injured as a result of a medical mistake and you are concerned about the consequences, consult an experienced New York medical negligence lawyer to determine whether you can pursue compensation.
Negligence
If medical professionals or doctors fail to follow accepted standards of care, they could be guilty of negligence. This can occur in a variety of settings such as hospitals, doctor's office, therapy clinics and nursing homes. If a doctor fails to adhere to these standards and a patient suffers permanent harm they could be required to pay compensation for that harm.
To win a malpractice case the person who suffered the injury must prove that the doctor's breach of professional obligations caused the injury. Causation is a legal requirement that is essential. The breach has to be a direct cause of the injury and the damages that was caused must be quantifiable. This includes medical expenses or lost wages.
In the case of medical negligence the lawyer representing the plaintiff must also convince the juror that it is more likely than not that a doctor's actions or inactions contributed to the damages sought. This can be challenging because people's memory isn't always crystal clear or are in the hands of the opposing side.
It is also crucial that the lawyer has a strong knowledge of the medical profession and how it operates. This knowledge can be used to prove that the breach of professional duty led to the patient's injury. Medical malpractice cases can be filed in state or Federal courts. They usually involve expert witness who can define the standard of medical care that was violated.
Punitive Damages
We tend to assume that we can trust medical professionals to treat us with competence and care. But mistakes can be serious that can cause life-long injuries or even death. If those mistakes result in wrongful death, victims and their families could be entitled to compensation for the losses they've suffered.
In cases of wrongful death, there are lawsuits against hospitals, doctors, nurses, physical therapists, pharmacists as well as diagnostic imaging technicians and even manufacturers of medical equipment. It is essential to sue all the parties involved, since several parties could be at fault. Victims should work with their New York medical negligence lawyers to determine who or which firms are accountable.
Punitive damages are designed to penalize the defendant and discourage them from engaging in similar behavior in the future. Unlike compensatory damages, which are intended to address specific damages the punitive damages may be applied to a broad class of people, and they are typically reserved for the most serious of violations.
The primary category of damages in a medical malpractice lawsuit is the reimbursement for actual financial losses. This includes the cost of medical treatment and lost wages. Your New York medical negligence lawyer can assist you in determining the amount of your damages by providing expert testimony on what constitutes a breach of standard of care in the particular area of the case and the specialty. This is an essential step, as without the evidence you need to prove your case, it could be dismissed during the preliminary hearing.
Medical professionals must follow a certain standard of care when they care for their patients. If a health-care provider is not able to meet this standard and causes injury or complications for the patient, there may be grounds for a malpractice claim.
A successful malpractice lawsuit could assist in the payment of medical costs or reimburse lost wages. It can also acknowledge pain and suffering. However, medical malpractice lawsuits are often complicated.
Undiagnosed
Medical malpractice claims involving misdiagnosis are quite common. This type of claim usually involves a medical professional mistakenly diagnosing a patient who has an illness or injury. A doctor may identify a patient with pneumonia when the patient has staph. A misdiagnosis could have serious consequences, such as death.
According to medical malpractice insurers that cover diagnosis-related malpractice, claims for this type of malpractice account for between 9 percent (obstetrics) and 61% (pediatrics) of their total claims. However the information on medical malpractice claims is not comprehensive and could be biased toward more severe errors. Furthermore, claims often lapse or are dismissed without payment, and many meritorious errors do not result in a malpractice lawsuit.
To succeed in bringing a medical malpractice claim, the plaintiff must prove that the doctor violated the standard of care when diagnosing the condition. The lawyer for the plaintiff must demonstrate that the doctor's error directly triggered an injury.
The litigation process in medical malpractice cases is costly time-consuming, emotionally charged and lengthy. Although the majority malpractice cases settle in court, attorneys representing both parties as well as expert witnesses must spend time and resources in negotiation, discovery, and trial preparation. Physicians are often required to pay their malpractice costs when the claims process unfolds. These expenses have led to calls for tort reform which could reduce the cost of litigation and promote quicker and fair settlements.
Errors in Treatment
You expect that when you visit a doctor or hospital for treatment, the care you receive will be in accordance with the standards of practice in your community. This includes a thorough diagnosis and a reasonable treatment program and adequate follow-up in order to ensure that your health improves. However, mistakes made by doctors, nurses or other medical personnel could be severe and cause permanent injury or even death.
These mistakes can take a variety of forms. A hospital employee could miss-read the patient's chart and give the wrong medication. This kind of error is usually seen in emergency rooms in which staff are under pressure and their time is limited. It can also happen if a doctor treats a condition that is outside of his or her expertise.
Other types of errors can include prescribing incorrect medications or prescribing the wrong dosage to patients, which can result in injury. These mistakes can be made by pharmacists, doctors nurse practitioners, physician's assistants and optometrists. These mistakes can also be a result of failing to recommend or prescribe the appropriate follow-up treatment to rectify the error.
A mistake in the dosage of a medication can result in many serious injuries. For instance, consuming a blood thinner that is specifically designed for heart patients could result in a risky bleeding disorder or cause a patient to suffer a stroke. If you or someone you love is injured as a result of a medical mistake and you are concerned about the consequences, consult an experienced New York medical negligence lawyer to determine whether you can pursue compensation.
Negligence
If medical professionals or doctors fail to follow accepted standards of care, they could be guilty of negligence. This can occur in a variety of settings such as hospitals, doctor's office, therapy clinics and nursing homes. If a doctor fails to adhere to these standards and a patient suffers permanent harm they could be required to pay compensation for that harm.
To win a malpractice case the person who suffered the injury must prove that the doctor's breach of professional obligations caused the injury. Causation is a legal requirement that is essential. The breach has to be a direct cause of the injury and the damages that was caused must be quantifiable. This includes medical expenses or lost wages.
In the case of medical negligence the lawyer representing the plaintiff must also convince the juror that it is more likely than not that a doctor's actions or inactions contributed to the damages sought. This can be challenging because people's memory isn't always crystal clear or are in the hands of the opposing side.
It is also crucial that the lawyer has a strong knowledge of the medical profession and how it operates. This knowledge can be used to prove that the breach of professional duty led to the patient's injury. Medical malpractice cases can be filed in state or Federal courts. They usually involve expert witness who can define the standard of medical care that was violated.
Punitive Damages
We tend to assume that we can trust medical professionals to treat us with competence and care. But mistakes can be serious that can cause life-long injuries or even death. If those mistakes result in wrongful death, victims and their families could be entitled to compensation for the losses they've suffered.
In cases of wrongful death, there are lawsuits against hospitals, doctors, nurses, physical therapists, pharmacists as well as diagnostic imaging technicians and even manufacturers of medical equipment. It is essential to sue all the parties involved, since several parties could be at fault. Victims should work with their New York medical negligence lawyers to determine who or which firms are accountable.
Punitive damages are designed to penalize the defendant and discourage them from engaging in similar behavior in the future. Unlike compensatory damages, which are intended to address specific damages the punitive damages may be applied to a broad class of people, and they are typically reserved for the most serious of violations.
The primary category of damages in a medical malpractice lawsuit is the reimbursement for actual financial losses. This includes the cost of medical treatment and lost wages. Your New York medical negligence lawyer can assist you in determining the amount of your damages by providing expert testimony on what constitutes a breach of standard of care in the particular area of the case and the specialty. This is an essential step, as without the evidence you need to prove your case, it could be dismissed during the preliminary hearing.
