Medical Malpractice Attorneys

Medical professionals must adhere to an ethical standard in their care of patients. If a health-care provider fails to adhere to this standard, and if the failure causes injury or complications for the patient, there may be grounds for a malpractice lawsuit.

A successful malpractice lawsuit can assist in paying medical costs, reimburse lost wages, as well as acknowledge pain and discomfort. However, medical malpractice lawsuits are often complex.

Incorrect diagnosis

kaplan madison medical malpractice law firm malpractice lawyer (vimeo.com) malpractice lawsuits involving incorrect diagnosis are common. This type of claim usually involves a health care provider not correctly diagnosing a patient with an illness or injury. A doctor might diagnose a patient as having 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. However the information on medical malpractice claims is not comprehensive and could be biased toward more severe mistakes. Furthermore, many claims fall through or are closed without payment, and many meritorious errors won't result in a malpractice lawsuit.

A plaintiff must demonstrate, in order to win a lawsuit for medical negligence, that the doctor failed to follow the standard of care when diagnosing the condition. The lawyer for the plaintiff must prove that the doctor's error directly caused an actual injury.

The process of bringing a medical malpractice case is costly as well as time-consuming and emotionally charged. Although a majority of medical malpractice cases settle without trial, the attorneys for both parties and experts have to devote time and money in discovery, negotiation, and trial preparation. Physicians are also frequently required to pay for their malpractice insurance when the claims process is developing. These expenses have led some to call for tort reform that would reduce the cost and encourage quicker settlements.

Treatment Errors

If you visit a doctor or hospital for treatment, you expect to receive medical care that is in accordance with the standard practices in your area. This includes a correct diagnosis, a reasonable treatment plan and the proper follow-up to ensure that your health improves. But mistakes made by doctors, nurses, and other medical personnel can be very serious and result in permanent injuries or even death.

These mistakes can take a variety of forms. For instance, a hospital staff member might misread a patient's chart and then administer the incorrect medication. This kind of error is common in emergency rooms where staff members are under pressure and their time is a problem. It can also happen when a doctor is treating an issue outside of their area of expertise.

Other types of errors can include prescribing the wrong medication or prescribing patients with the wrong dosage which could cause injury. These errors can be committed by doctors, pharmacists, nurse practitioners, physician's assistants and optometrists. They could also result in an inability to prescribe or recommend follow-up care needed to treat the error.

Incorrect medication can result in many serious injuries. For heart patients, blood thinners can cause a serious bleeding disorder. It could also lead to stroke. If you or someone you love has been injured by an error in medicine, you should consult an experienced New York medical negligence lawyer to determine whether you can pursue compensation.

Negligence

When medical professionals or doctors do not adhere to accepted standards of care, they may be guilty of negligence. This can happen in a variety of settings, including hospitals, therapy clinics, Kaplan Medical Malpractice Lawyer doctor's offices and nursing homes. If a doctor fails to adhere to these standards and the patient is permanently hurt, they could be required to compensate for this harm.

To prevail in a malpractice case, the injured party must prove that a physician's breach of professional obligations caused his or her injuries. Causation is a legal norm that is crucial. The breach has to be directly responsible for the injury and the damages that occurred must be quantifiable. This includes lost wages or medical expenses.

In the case of medical negligence lawyers representing plaintiffs 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 as people are not always able to recall their actions or are in awe of what they believe that the other side will argue.

It is crucial that the lawyer is aware of how the medical profession operates. This understanding can help show that the breach of professional duty was the primary cause of the patient's injuries. Medical malpractice cases are filed in federal or state courts and often include expert witnesses who explain how the standard of medical care was not met.

Punitive Damages

We assume that medical professionals will provide us with the best care and professionalism. A mistake can lead to serious injuries, or even death. If these errors cause a wrongful death, victims and their family members may be entitled to compensation for the loss they've suffered.

In cases of wrongful death, there are claims against doctors, hospitals nurses, physical therapists, pharmacists and diagnostic imaging technicians and even medical equipment. It is crucial to sue all parties involved, since many parties could be responsible. Victims should consult their New York medical negligence lawyers to determine which people or companies are accountable.

Punitive damages are intended to penalize the defendant and deter them from engaging in similar behavior in the future. Contrary to compensatory damages which are designed to target specific harms however, punitive damages can be applied to an entire group of people, and they are usually reserved for those who have committed serious misconduct.

In a medical malpractice case the first type of damages is 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 presenting an expert's opinion on what constitutes a breach of standards of care in the specific area of your case as well as in the specialty. This is an essential step, because without the evidence to prove your claim, it could be dismissed in the initial hearing.