Medical Malpractice Attorneys

Medical professionals must adhere to a standard of care in their care of patients. If a medical professional fails to adhere to this standard, and if the failure results in injuries or other complications for the patient, there could be grounds for a malpractice lawsuit.

A successful malpractice case can help pay for medical expenses, reimburse lost wages and acknowledge pain and suffering. However, medical malpractice lawsuits are often complicated.

Misdiagnosis

Medical malpractice lawsuits involving misdiagnosis are common. This type of claim usually involves a health care provider wrongly diagnosing a patient suffering from an illness or injury. A doctor might diagnose a patient with pneumonia when in fact 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. However the data on medical malpractice claims is limited and may be biased toward more severe mistakes. Furthermore, many claims fall through or are dismissed without being paid and many meritorious errors are not a cause for malpractice lawsuit.

To successfully bring an action for statesboro medical malpractice lawsuit malpractice, the plaintiff must prove that the doctor violated the standard of care when diagnosing the condition. The attorney representing the plaintiff must show that the doctor's error caused an injury.

The litigation process in medical malpractice lawsuits is time-consuming, costly and emotionally intense. Even though the majority medical malpractice claims are settled outside of court, attorneys and expert witnesses have to spend time and money on negotiations, discovery, and trial preparation. Additionally, doctors are often forced to pay the malpractice insurance premiums while the claims process is in progress. These costs have prompted some to call for tort reform, which will reduce the cost and speed up settlements.

Treatment Errors

When you visit a physician or hospital to receive treatment, you are expected to receive medical attention that conforms to the accepted standards of practice within your local area. This includes a correct diagnosis, a reasonable treatment plan and a proper follow-up to ensure that your health improves. However, errors made by doctors, nurses or other medical personnel can be very serious and lead to permanent injuries or even death.

These mistakes can come in a variety forms. For instance hospital staff members could misread the patient's chart and then administer the incorrect medication. This kind of error usually occurs in emergency rooms where time is limited and overworked staff members are pressured to offer quick service. This can also happen if an ER doctor is treating a condition which is outside his or her area of expertise.

Other types of errors can include prescribing incorrect medications or giving patients the wrong dosage, which can result in injury. These errors can be made by doctors, nurse practitioners and pharmacists, physician assistants and optometrists. They can also result in an inability to prescribe or recommend follow-up care that is needed to treat the problem.

Mistakes in medication can lead to a variety of serious injuries. Heart patients who are taking a blood thinner can trigger an extremely dangerous bleeding disorder. It could also lead to stroke. If you have suffered an injury or lost a loved one to a medical mistake it is vital to speak with a seasoned New York medical malpractice lawyer to determine if you can seek compensation.

Negligence

Negligence may be the result of medical professionals not adhering to accepted standards. This can occur in many different settings, including hospitals, doctor's office, therapy clinics and nursing homes. If a doctor fails to adhere to these standards and the patient is harmed for a long time it could be a requirement to compensate for the harm.

To prevail in a malpractice lawsuit the person who suffered the injury must prove that the doctor's breach of professional duty caused his or her injuries. This is known as causation and it is a key part of the legal standard. The breach must be a direct cause of the injury, and the damage must be quantifiable.

In the case of medical negligence an attorney for a plaintiff must also convince the jury that it is more likely than not that a physician's actions or inactions led to the damages sought. This can be difficult since people's memories may not be always clear, or they are dependent on the arguments of the opposing side.

It is also important that the lawyer has a deep knowledge of the medical profession and how it operates. This knowledge can be used to prove that the breach of professional duties caused the patient's injury. Medical malpractice cases are filed in state or federal courts, and usually involve expert witnesses who can describe how the standard of care was not met.

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. If those mistakes result in a wrongful death, victims and their loved ones may be entitled to compensation for the loss they've suffered.

Wrongful death cases can include lawsuits against hospitals, doctors nurses, physical therapists pharmacists, diagnostic imaging technicians, and even manufacturers of medical equipment. Because multiple parties could be at fault, it's often advisable for victims to file claims against all of them and work with their New York medical malpractice lawyers to identify which individuals or companies should be sued.

Punitive damages are designed to punish the defendant for their actions and discourage them from repeating the same behavior in the future. As opposed to compensatory damages that are designed to target specific damages however, punitive damages can be applied to a broad class of people and they are usually reserved for extreme misconduct.

The first category of damages in medical malpractice lawsuits is the reimbursement for actual financial losses, including medical costs and lost wages. Your New York medical negligence lawyer can help you determine the amount of your damages by providing expert testimony about what constitutes a violation of normal care for the specific location and area of the. This is an essential procedure, since without the evidence to prove your case, it could be dismissed during the preliminary hearing.