Medical Malpractice Attorneys
Many people believe that their doctors and other medical professionals will provide them with the care they need. However, serious errors can occur in almost any health-care setting.
Medical malpractice attorneys must establish that a doctor breached his or her duty of care and that the breach directly caused your injury. Special damages can be awarded to compensate you for expenses that are out of your pocket, such as lost wages.
Undiagnosed
In a perfect universe doctors could diagnose accurately any health issues that patients might have and provide them with the most appropriate treatment plans. Doctors are human, and they are prone to making mistakes. If these errors lead to more serious illness or complications, an ineffective treatment or even death, then they could be considered to be as malpractice.
A misdiagnosis is defined in law as "failure to provide a correct diagnosis promptly." To be able to claim damages, you need to prove that your doctor did not fulfill their duty of care, and that the result was worse outcomes for your medical condition. A specialist misdiagnosis lawyer is able to determine whether you have a valid claim.
You will have to prove that an individual with the same qualifications and experience would have made a correct diagnosis in a similar situation. The procedure for this is known as differential diagnosis. This is the process of listing all illnesses that may be causing your symptoms, and then testing for each one in turn until a final diagnosis is determined.
You are able to recover both general and special damages if prove that your doctor did not or didn't perform this procedure or if he/she simply ignored your symptoms. Special damages include out-of pocket expenses such as past and future medical costs, lost earnings prescription fees therapies, costs for therapy, equipment purchases, as well as other expenses. General damages cover more intangible loss, such as pain and suffering, loss of quality of life, and a shortened life time.
Inability to diagnose
Many serious medical conditions such as heart attacks, cancer and appendicitis may be treated if discovered early. But when medical professionals fail to recognize the signs they could cause serious injury and even death.
If doctors fail in their duty to diagnose the patient, they are not fulfilling their professional obligations. They can be held accountable for malpractice. A successful medical malpractice claim depends on proving that the doctor's violation of the accepted standard of care causing physical injury to the victim. To do so your attorney will make use of your medical documents and expert medical evidence to prove that the healthcare professional failed to perform the same standard of care as other healthcare professionals with comparable training and experience.
It's important to keep in mind that not every medical error that leads to a missed diagnosis is cause for an action. Some conditions can be difficult to identify, especially when they're in their very beginning stages. This is why it's crucial to visit a medical professional when you begin to notice any symptoms of an illness or disease. If you or someone you know has been injured due to an inability to diagnose, contact an experienced attorney right away. The majority of medical malpractice cases settle out of court before going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight for fair compensation for your situation.
Treatment Errors
We all know that medical professionals and doctors are humans, and are bound to make mistakes. Patients and their families can file a malpractice suit when mistakes result in serious injury or death. Treatment errors can range from prescribing a wrong medication to putting an instrument into the patient after surgery. It's also possible that a doctor does not follow any changes in a patient's health and they end up with a more serious health issue as consequence.
Doctors are required to maintain detailed medical records for every patient they treat. These records should include the patient's medical history, medications that patient is taking and any allergic reactions. Documentation mistakes are the foundation of many
medical malpractice lawsuits, and even a minor mistake like putting an incorrect dosage on a prescription could result in serious consequences for the patient.
In New York, the burden of evidence in a
medical malpractice lawsuit mishap case rests with the victim. To show that a medical professional violated their duty of caring, they must provide a witness who has specialized expertise and can clearly explain why the defendant's actions did not conform to the standards of care that are accepted. This is why it's important to employ a New York malpractice lawyer from Parker Waichman who has a thorough understanding of medicine, and who can examine medical records and formulate credible theories about what happened.
Negligence
A medical professional could be held accountable if they diverge from the accepted standard of care and cause harm to a patient. The standard of care is defined as the amount of care and skill that a reasonable health care provider would have exercised in similar circumstances. Your lawyer must establish that the negligence of the doctor led to your injuries and
Medical malpractice lawsuits that he/she did not follow the standard of care.
Negligence can be difficult to prove in a malpractice claim because healthcare professionals are held to a higher standard than the average person because they are trained to save lives on a daily basis. However, humans are prone to make mistakes and the healthcare industry is not exempt.
For example when a surgeon performs surgery on the wrong side of the brain or mistakenly uses an unrelated object during surgery, it is considered negligence and you could be entitled to compensation for your injuries. If the error
Medical malpractice lawsuits resulted in a wrongful death, family members can also recover damages.
Economic damages can be categorized as
medical malpractice law firm expenses now and in the future, loss of income (including loss of companionship), suffering and pain. These factors will be considered by a jury when deciding on the amount of damages you should receive. Your lawyer will rely on expert witnesses to prove your non-economic and medical damages. Experts will testify that the doctor violated his or her duty of care, and that the breach directly caused your injuries.