Medical professionals have to meet an established standard of care for their patients. If a health-care provider fails to adhere to this standard and results in injuries or other complications for the patient, there may be grounds for a malpractice claim.
A successful malpractice case could help pay for medical costs, reimburse lost wages, and acknowledge discomfort and pain. Medical malpractice lawsuits aren’t always straightforward.
Undiagnosed
Misdiagnosis is one of the most frequently filed medical malpractice claims. This type of claim typically involves a healthcare provider incorrectly diagnosing a patient with an injury or illness. For instance, a physician might diagnose a patient as having pneumonia, but the patient actually is suffering from 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 percent (pediatrics) of their total claims. However, medical malpractice claims data isn’t extensive and may be biased towards more serious mistakes. Claims are often shut down or not paid and many erroneous mistakes do not result in an action for malpractice.
To succeed in bringing a medical malpractice claim, a plaintiff must prove that the doctor violated the standard of care in diagnosing the condition. The attorney representing the plaintiff must demonstrate that the doctor’s error resulted in injury.
The litigation process in medical malpractice lawsuits can be lengthy, costly and emotionally charged. Although the majority of medical malpractice cases settle in court, attorneys for both parties and experts have to devote time and resources on negotiations, discovery, and trial preparation. In addition, doctors are often required to pay their malpractice insurance premiums while the claims process is in progress. These costs have prompted some to advocate for tort reform which could reduce the amount and promote more timely settlements.
Errors in Treatment
When you visit a doctor or hospital for treatment, you expect to receive medical attention that conforms to the accepted guidelines of practice in your community. This includes proper diagnosis and a sensible course of treatment and adequate monitoring to ensure that your health improves. However, mistakes 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. Hospital staff members could not understand the chart of a patient and administer the incorrect medication. This kind of error is more common in emergency rooms where staff are under pressure and time is limited. This is also the case when a doctor treats a condition which is outside their expertise.
Other types of mistakes include prescribing the wrong medications or giving patients an incorrect dosage that causes injuries. These mistakes can be made by doctors, nurse practitioners, physician assistants, pharmacists and optometrists. These errors may also include a failure to recommend or prescribe the appropriate follow-up treatment to rectify the error.
Medication mistakes can cause a variety of serious injuries. For heart patients, blood thinners can cause a serious bleeding disorder. It could also lead to a stroke. If you or someone you love was injured by an error made by a doctor and you are concerned about the consequences, consult an experienced New York medical malpractice law firm negligence lawyer for advice on whether you are able to be eligible for compensation.
Negligence
Negligence can result of medical professionals failing to follow accepted standards. This can occur in many different settings, like hospitals, doctors’ office, therapy clinics and nursing homes. If a doctor violates these guidelines and the patient suffers permanent harm the doctor may be required to compensate for the harm.
In order to win a malpractice claim the plaintiff must show that the physician’s negligence in performing his professional duties led to the injury. This is referred to as causation and it is a key element of the legal standard. The breach must be a direct cause of the injury, and the damage must be quantifiable.
In cases of medical malpractice lawyers representing the plaintiff have to also convince the jury that it is more likely than not that the physician’s actions or inactions led to the damages demanded. This is a challenging job since people aren’t always able to recall their actions or are in awe of what they believe that the other side will say.
It is crucial that the lawyer also has a good understanding of how the medical field operates. This knowledge can assist in establish that the breach of professional obligation was a primary cause of the patient’s injuries. Medical malpractice cases can be filed in Federal or state courts. They usually involve expert witness who can define the standard of medical care that was violated.
Punitive Damages
We often assume that medical professionals will treat us with skill, care and professionalism. A mistake can lead to serious injuries, or even death. When those errors lead to a wrongful death, victims and their family members 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, physical therapists and doctors as well as diagnostic imaging technicians, as well as manufacturers of medical equipment, are liable for suing. It’s important to sue all the parties involved, since many parties could be at fault. Victims should consult their New York medical negligence lawyers to determine who or which companies are accountable.
Punitive damages aim at punishing the defendant for their actions and prevent them from repeating the same conduct in the future. Unlike compensatory damages, which are intended to address specific damages, punitive damages can be applied to an entire class of people and they are usually reserved for extreme misconduct.
The first type of damages in medical malpractice lawsuits is the reimbursement of actual financial losses, including expenses for medical treatment and lost wages. Your New York medical malpractice lawyer can help you establish the amount of your losses by giving an expert opinion on what constitutes a breach of the standards of care in the specific area of your case as well as in the specialty. This is an essential procedure, since without the evidence to prove your claim, it could be dismissed in the initial hearing.
