Medical Malpractice Attorneys
brenham medical malpractice law firm professionals must meet the highest standards of care when caring for their patients. If a healthcare provider fails to adhere to this standard and causes injury or complications for the patient, there may be grounds for a malpractice lawsuit.
A successful malpractice lawsuit could aid in paying medical expenses pay back lost wages, and acknowledge the pain and suffering. However, medical malpractice claims are usually complicated.
The wrong diagnosis
Medical malpractice claims involving incorrect diagnosis are common. This type of case is typically filed by a healthcare practitioner who incorrectly diagnoses the patient’s condition or injury. A physician may diagnose a patient as having pneumonia, when in reality the patient has staph. A misdiagnosis could have serious consequences, including death.
According to medical malpractice insurance companies, claims related to diagnosis represent between 9 and 10 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. However, medical malpractice claims data is limited and may be biased toward more severe mistakes. Claims are often closed or lapse without payment and a lot of good mistakes will never lead to an action for malpractice.
A plaintiff must prove the court, in order to win an action for medical malpractice, that the doctor did not follow the standard of care when diagnosing the condition. The lawyer for the plaintiff must show that the doctor’s mistake directly caused injury.
The litigation process in the case of medical malpractice is time-consuming, costly and emotionally charged. While the majority of medical malpractice cases settle without trial, the attorneys representing both parties as well as experts have to devote time and money in negotiations, discovery, and trial preparation. Additionally, doctors are often forced to pay the premiums for malpractice insurance while the claims process is in progress. These expenses have led some to advocate for tort reform which would reduce the cost and facilitate faster settlements.
Errors in Treatment
You can expect that when visit a doctor or hospital to receive treatment, the care you receive will be in line with the standard of practice in your locality. This includes proper diagnosis and treatment, a reasonable treatment plan, and the proper follow-up to ensure your health improves. But mistakes made by nurses, doctors and other medical personnel can be very serious and lead to permanent injuries or even death.
These mistakes can take a variety of forms. A hospital employee could mistakenly read the chart of a patient and give the wrong medication. This kind of error is most common 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 not within their expertise.
Other types of errors be caused by prescribing incorrect medication or prescribing patients with the wrong dosage that can cause injuries. These errors can be committed by pharmacists, doctors, nurse practitioners, physician’s assistants and optometrists. These errors may also include the failure to suggest or prescribe the appropriate follow-up treatment to fix the mistake.
Errors in the prescription process can cause a wide range of serious injuries. For instance, consuming the wrong blood thinner specifically designed for patients with heart problems can cause a bleeding disorder or cause a patient to suffer a stroke. If you’ve suffered an injury or lost someone you love due to a medical error it is vital to speak with a seasoned New York Grimes Medical Malpractice Attorney; Vimeo.Com, malpractice lawyer to determine if you can pursue compensation.
Negligence
When doctors or medical professionals do not adhere to accepted standards of care, they may be liable for negligence. This can happen in many different settings, like hospitals, doctor’s office, therapy clinics, and nursing homes. If a physician violates these guidelines and the patient suffers permanent harm it could be necessary to compensate for the harm.
To prevail in a malpractice lawsuit the person who suffered the injury must show that the physician’s breach of professional duties caused the injury. This is called causation and is an essential element 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 malpractice the attorney representing the plaintiff must also convince jurors that it is more likely than not that the doctor’s action or inaction led to the damages alleged. This can be a difficult job since people aren’t always in a clear mind or are influenced by what they think that the other side will argue.
It is important that the lawyer also has a thorough understanding of how the medical profession works. This knowledge can be used to show that the breach of professional duties caused the patient’s injury. Medical malpractice cases are filed in federal or state courts, and usually include expert witnesses who provide evidence of how the standard care was breached.
Punitive Damages
We are often conditioned to believe that we can trust medical professionals to treat us with care and care. However, serious mistakes can happen which can lead to permanent injuries or even death. If the errors result in an unintentional death, the victims and their families may be entitled to compensation for the loss they’ve suffered.
The wrongful death case can involve claims against doctors, hospitals nurses, physical therapists pharmacists as well as diagnostic imaging technicians and even manufacturers of medical equipment. It is important to pursue everyone involved since many parties could be at fault. Victims must consult with their New York medical negligence lawyers to determine which people or firms are accountable.
Punitive damages seek to penalize the defendant for their actions and prevent them from repeating their actions in the future. Unlike compensatory damages, which are intended to address specific damages the punitive damages may be applied to an entire class of people, and they are typically reserved for cases of extreme misconduct.
The first type of damages in the medical malpractice lawsuit is reimbursement for actual financial losses, such as the cost of medical treatment and lost wages. Your New York medical malpractice lawyer can assist you in determining the amount of your losses by giving an expert’s opinion on what constitutes a breach of the standard of care in the area of your case and in the field of specialization. This is a crucial step because without this evidence, your case could be denied at the preliminary hearing level.