Medical Malpractice Attorneys
Many people believe that their doctors and other medical professionals will give them the care that they deserve. Unfortunately, serious errors can occur in any type of healthcare environment.
Medical malpractice lawyers must prove that the doctor acted in breach of his or duty of care, and that the breach caused your injury. You could be entitled to special damages that will reimburse you for any out-of-pocket expenses such as lost wages.
Incorrect diagnosis
In a perfect universe doctors would be able detect any health problems that patients may be suffering from, and give them the most appropriate treatment plans. Doctors are human, and they can make mistakes. And if these mistakes result in a longer illness, more complications or treatment that is ineffective, or even death, they may be viewed as medical malpractice.
A misdiagnosis is defined by law as "failure to provide a valid diagnosis promptly." To be able to claim damages, you must prove that your doctor violated their duty of care, and that this resulted in worse outcomes for your medical condition. A misdiagnosis lawyer is able to determine whether you have a valid case.
To be able to prove your case for your case, you will need to show that a physician who has the same skills and credentials would have made the correct diagnosis in a similar circumstance. The process of proving this is called differential diagnosis. This involves identifying all diseases that may cause your symptoms, and then testing each one at a time until a final diagnosis is made.
You are able to recover both general and specific damages if it is possible to demonstrate that your doctor didn't or did not perform this procedure or if he/she did not even notice your symptoms. Special damages include out-of pocket expenses such as past and future medical costs, lost earnings, pharmacy fees therapy costs, equipment purchases, and other expenses. General damages are more tangible loss, such as suffering and pain loss of quality of life, and a shorter life expectancy.
Inability to recognize
A variety of serious medical conditions such as cancer, heart attacks and appendicitis may be treated if detected early. But when medical experts aren't able to recognize these ailments they could cause serious injury and even death.
If doctors fail to recognize a diagnosis, they are failing to perform their professional duties and may be held responsible for negligent conduct. A successful medical malpractice case is based on the fact that the doctor deviated from the acceptable standard of treatment, causing physical harm to the patient. Your lawyer will use medical records and expert testimony to prove that the healthcare professional did not perform the same standard of care as peers with similar experience and training.
It's important that you realize that not every medical error that results in a missed diagnosis is grounds for an action. Certain conditions are difficult to diagnose, especially when they're in their very infancy. It's crucial to visit a doctor as soon as you begin to notice signs of illness. If you or someone you love was injured as a result of a failure to diagnose, contact an experienced attorney right away. The majority of medical malpractice cases settle out of court before they go to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to secure fair compensation for your case.
Treatment Errors
We all know that doctors and medical staff are human, and they are likely to make mistakes. When those mistakes are serious but result in injury or death the patient or their family could be able to file a malpractice claim. Treatment errors include everything from prescribing the wrong drug or leaving an instrument inside a patient after surgery. A doctor may fail to monitor a patient and lead to an illness that gets worse.
Doctors must maintain detailed medical records for each patient they treat. The records contains medical history, a list of medications the patient is taking, as well as any allergies the patient has. Documentation errors are at the heart of many
medical malpractice lawsuits even a small error such as putting an incorrect dosage on a prescription could result in serious consequences for a patient.
In New York, it is the responsibility of the patient to prove a medical malpractice case. In order to demonstrate that the medical professional breached their duty to care, they must produce witnesses with specific knowledge who can provide an explanation of the accepted standards of practice and the way in which the defendant failed to meet it. Parker Waichman's New York malpractice lawyers have a deep understanding of medicine and are able to review medical records in order to establish reliable theories.
Negligence
If a medical professional departs from the standard of care, causing harm to patients, he or she may be found guilty of malpractice. The standard of care is the degree of skill and caution a reasonably prudent healthcare provider would have applied under similar circumstances. Your attorney must establish that the doctor violated the standard of care and that his negligence caused your injuries.
It isn't easy to prove negligence in a malpractice case since healthcare professionals are held at an elevated standard due to the fact that they are regularly trained to save lives. Humans are susceptible to error and the healthcare field is no different.
For example, if a surgeon operates on the wrong side of the brain, or mistakenly uses an object that is foreign during surgery, it's deemed negligence and you could be entitled to compensation for your damages. If the negligence resulted in the death of a loved one, family members can also seek damages.
Economic damages can be categorized as medical expenses now and in the future as well as loss of income (including loss of companionship) and suffering and pain. A jury will consider these elements when deciding on how much they will award you for your losses. Your lawyer will call on experts to assist in proving your non-economic and medical damages. Experts will testify the fact that the doctor did not fulfill his duty of care, and that this negligence directly caused your injuries.