Medical Malpractice Attorneys
Most people trust that their physicians and other medical professionals will treat them with the care they need. Unfortunately, serious mistakes can happen in virtually every health-care facility.
Medical malpractice lawyers must demonstrate that the doctor breached his or duty of care, and that this breach caused you to suffer injury. Special damages may be awarded to cover for expenses out of pocket, like lost wages.
Misdiagnosis
In a perfect world doctors would be able to diagnose accurately any health issues that patients may be suffering from, and provide them with correct treatment plans. Doctors are human, and they can make mistakes. If those errors result in a longer disease, additional complications or ineffective treatment, or even death, they could be viewed as medical malpractice.
A misdiagnosis can be defined by law as "failure to provide a correct diagnosis in a timely manner." To be able to pursue damages, you must prove that your doctor breached their duty of care and this resulted in a worse clinical outcome. A misdiagnosis lawyer can determine if you have a valid case.
You must show that a doctor with the same qualifications and experience would have made a correct diagnosis in a similar circumstance. This is done by using the concept of differential diagnosis. This is the process of listing all possible diseases that might be causing your symptoms, and then testing each until a definitive diagnosis is established.
You are able to recover both general and special damages if you can demonstrate that your doctor didn't or did not perform this procedure, or if he or simply ignored your symptoms. Special damages refer to out-of-pocket expenses such as past and future medical expenses loss of earnings, pharmacy fees, therapy costs, equipment purchases, and any other related expenses. General damages encompass more intangible losses, such as the suffering of others loss of quality of life, and a decrease in life expectation.
Inability to recognize
Many serious medical conditions such as heart attacks, cancer, and appendicitis can be treated when detected early. But if medical professionals fail to recognize the signs, they can cause severe injury or even death.
If doctors fail in their duty to diagnose a patient, they are not performing their professional duties. They could be held accountable for negligence. A successful medical malpractice case is based on proving that the physician deviated from the acceptable standard of care, causing physical injury to the patient. Your lawyer will make use of medical documents and
Medical Malpractice Lawyers expert testimony to prove the healthcare professional didn't perform the same standard of care as colleagues with similar experience and training.
It's important to keep in mind that not every medical mistake resulting in a missed diagnosis is a cause for a lawsuit. Some conditions can be difficult to identify, especially when they're in their very infancy. It's crucial to visit a doctor as quickly as possible when you begin to start to feel the symptoms of an illness. If you or someone you care about was injured as a result of a lack of diagnosis the cause, you should consult a seasoned lawyer right away. Most medical malpractice cases are settled outside of court before going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to secure fair compensation for your case.
Treatment Mistakes
We all know that medical personnel as well as doctors are human beings and are bound to make mistakes. When the errors are serious but result in injury or death, the patient or their family members could be able to file a malpractice claim. Treatment errors can range from prescribing the wrong medication or leaving an instrument inside the patient after surgery. A doctor might fail to follow up properly on patients and lead to an underlying condition that becomes worse.
Doctors must maintain detailed medical records for every patient they see, which contains medical history, a list of the medications the patient is taking, as well as any allergies the patient suffers from. A lot of medical malpractice claims are based on mistakes in the documentation. Even a slight error, such as not writing the correct dosage on a medication prescription, can cause serious harm.
In New York, the burden of the burden of proof in a medical malpractice case lies with the patient. To prove that the medical professional breached their duty to care, they need to present witnesses with specific knowledge who can provide an explanation of the accepted standards of practice and how the defendant failed to meet it. Parker Waichman's New York malpractice lawyers have an in-depth understanding of medicine and can scrutinize medical records to formulate reliable theories.
Negligence
Medical professionals could be guilty if they deviate from the standard of practice in causing harm to the patient. The standard of care is the degree of skill and caution an appropriately prudent healthcare professional would have employed in similar circumstances. Your attorney must establish that the doctor was in violation of the standard of care and that the doctor's negligence caused your injuries.
Negligence is often difficult to prove in a malpractice claim because healthcare professionals are held to a higher standard than the average person due to the fact that they are trained to save lives on a regular basis. Humans are prone for error and the healthcare field does not differ.
For instance the case where a surgeon works on the wrong side of the brain, or accidentally uses an object foreign to the surgery, it is considered as malpractice and you could be entitled to compensation for your damages. If the mistake resulted in the death of a loved one, family members can also claim damages.
Economic damages may include medical expenses now and in the future and loss of income (including loss of companionship), pain and suffering. A jury will consider these factors in deciding how much they will award you for your losses. Your lawyer will employ experts to demonstrate your medical and non-economic damages. Experts will testify the fact that the doctor did not fulfill his duty of care and that the negligence directly contributed to your injuries.