Medical Malpractice Attorneys
Many people believe that their doctors and other medical professionals will give them the attention they need. Unfortunately, serious errors are possible in any type of healthcare environment.
Medical malpractice lawyers must demonstrate that the doctor acted in breach of his or her duty of care, and that this breach led to your injury. You could be entitled specific damages that pay for any out-of-pocket expenses which includes lost wages.
Incorrect diagnosis
In a perfect world doctors would be able to accurately determine any health problems patients may have and provide them with the right treatment plans. Doctors are human and they are prone to making mistakes. If these errors lead to the development of a chronic illness, complications, an ineffective treatment or even death, they could be considered to be negligent.
A misdiagnosis is defined by law as "failure to render a proper diagnosis promptly." To be eligible for damages, you have to prove that your doctor violated their duty of care and that the result was worse clinical outcomes. A misdiagnosis lawyer can determine if you have a valid case.
To be able to prove your case in court, you need to show that a physician who has the same level of expertise and qualifications would have made an accurate diagnosis in a similar scenario. The procedure for this is called differential diagnosis. It involves identifying the possible illnesses that could cause your symptoms, and then testing each until a definitive diagnosis can be made.
You are able to recover both general and specific damages if it is possible to show that your doctor was not aware of or failed to perform this procedure or if ignored your symptoms. Special damages cover expenses out of pocket such as future and past medical expenses, lost earnings, expenses for therapy, pharmacy fees and equipment costs. General damages cover more intangible losses such as discomfort and pain, loss of quality or life, as well as a shorter life expectancy.
Failure to Diagnose
Many serious medical conditions, such as heart attacks, cancer, and appendicitis, can be treated if they are detected early. However, if medical professionals aren't able to recognize these ailments they could cause serious injury and even death.
If doctors fail to diagnose a patient, they are failing to perform their professional duties and may be held responsible for mistakes. A successful medical malpractice claim rests on proving that the physician deviated from the acceptable standard of
medical malpractice lawyer care, causing physical harm to the patient. Your lawyer will rely on medical records and expert testimony to establish the medical professional did not exercise the same level care as peers with similar experience and training.
It's important to remember that not all medical errors that lead to missed diagnoses can be cause for a lawsuit. Some conditions are very difficult to identify, particularly if they're in the very early stages. This is why it's crucial to see a doctor when you begin to discover any signs of illness or disease. If you or someone you know has been injured due to a lack of diagnosis the cause, you should consult a seasoned attorney as soon as you can. Most medical malpractice cases settle out of court, before going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to ensure you receive the right amount of compensation for your case.
Treatment Misses
We all know that doctors and medical staff are human beings and are likely to make mistakes. If the mistakes are serious and result in injury or death the patient or their family could bring a malpractice lawsuit. Treatment errors could range from prescribing a wrong medication to leaving an instrument used for surgery in the body of a patient following surgery. A doctor may fail to follow up properly on the patient and cause them to develop a worsened condition.
Doctors are required to keep detailed medical records of every patient they treat. These records should include the
Medical malpractice Lawyer history of the patient, the medications that patient is taking and any allergic reactions. Many medical malpractice claims are based on mistakes in documentation. Even a small error like writing the wrong dosage on a medication prescription, can result in serious consequences.
In New York, the burden of evidence in a medical mishap case is on the victim. To show that a medical professional violated their duty of caring and care, they must present an expert witness who has the expertise and can demonstrate how the defendant's actions were not in accordance with the standards of care that are accepted. This is why it's essential to have a New York malpractice lawyer from Parker Waichman who has a an in-depth knowledge of medicine, and can review the medical records and develop plausible theories of what transpired.
Negligence
If a medical professional strays from the norm of care, causing harm to an individual patient, he or could be found guilty of negligence. The standard of care is defined as the amount of care and skill that a reasonably prudent medical professional would have exercised in similar circumstances. Your attorney must establish that the doctor did not adhere to the standard of care and that the doctor's negligence caused your injuries.
Negligence is often difficult to prove in a malpractice case because healthcare professionals are held to higher standards than the average person due to the fact that they are trained to save lives on a daily basis. Humans are prone for error and the healthcare industry is no different.
If, for instance surgeons mistakenly use an object from another country or operates on the wrong side, this is considered negligence. You may be entitled compensation for the harm you sustained. If the mistake resulted in the death of a loved one, family members may also be entitled to damages.
Economic damages can be categorized as medical expenses today and in the near future as well as loss of income (including loss of companionship), pain and suffering. These factors will be taken into consideration by a jury when deciding the amount of damages you are entitled to. Your lawyer will make use of expert witnesses to prove your non-economic and medical damages. Experts will testify the doctor did not fulfill his or their duty of care and that this failure directly contributed to your injuries.