Medical Malpractice Attorneys
Most people trust that their doctors and other medical professionals will provide them with the respect they need. Unfortunately, serious errors are possible in any type of healthcare facility.
Medical malpractice lawyers must demonstrate that the physician violated his or her duty of care, and that the breach caused you to suffer injury. You could be entitled special damages that will reimburse you for any expenses that you incurred out of pocket including lost wages.
Undiagnosed
In a perfect world, doctors would be able to accurately determine any health problems patients might be suffering from and provide them with the right treatment plans. Doctors are not perfect and can make mistakes. If their mistakes lead to an extended illness or complications, an ineffective treatment or even death, they could be considered to be negligent.
A misdiagnosis is defined in law as "failure to provide a valid diagnosis promptly." To be eligible for damages, you must show that your doctor violated their duty of care and this led to worse clinical outcomes. A misdiagnosis lawyer will determine whether you have a case that is valid.
You will have to prove your case by demonstrating that an individual with the same qualifications and expertise would have made the right diagnosis in a similar circumstance. This is done by using the concept of differential diagnosis. This involves identifying the possible diseases that could be causing your symptoms and then testing each one until a definitive diagnosis can be identified.
You may be able to claim both general and specific damages if it is possible to prove that your doctor did not or didn't perform this procedure or if ignored your symptoms. Special damages are those that are not covered by insurance. They include expenses such as past and future medical expenses, lost earnings as well as pharmacy fees and therapy costs, as well as equipment purchases, as well as other expenses. General damages include more intangible loss, such as suffering and pain, loss of quality of life and a shorter life expectancy.
Failure to Diagnose
Many serious medical conditions, such as cancer, heart attacks and appendicitis can be treated when identified early. However, if medical professionals do not recognize these illnesses, they can cause severe injury or even death.
If doctors fail to recognize a diagnosis, they are failing to fulfill their professional responsibilities and are liable for negligent conduct. A successful
medical malpractice law firm malpractice case depends on proving that the doctor's deviation from the accepted standard of care that caused physical harm to the victim. To prove this your attorney will rely on your medical records and expert medical testimony to prove that the healthcare professional was unable to exercise the same level of care that their colleagues with comparable training and experience.
It's important that you realize that not every medical error that results in a missed diagnosis is grounds for a lawsuit. Some conditions are very difficult to recognize, especially if they're in the very early stages. It's essential to see a doctor as quickly as possible if you detect signs of illness. If you or someone you care about was injured as a result of the inability to recognize a medical condition, seek out an experienced attorney right away. Generally, most medical malpractice cases are settled out of court prior to going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to secure fair compensation for your situation.
Treatment Faults
We all know that medical staff and doctors are humans, and are likely to make mistakes. Patients and their families can be able to file a malpractice lawsuit in the event that the mistakes cause grave injuries or even death. Treatment mistakes can range from prescribing a incorrect medication to leaving an instrument for surgery inside the body of a patient following surgery. A doctor might not follow up properly on patients and cause them to develop an underlying condition that becomes worse.
Doctors are required to keep detailed medical records of every patient they treat. These records should include the medical history of the patient, the medicines that the patient is using and any allergic reactions. Documentation errors are at the heart of many medical malpractice claims even a minor error such as putting an incorrect dosage on a prescription could cause serious harm to the patient.
In New York, it is the victim's responsibility to prove a case of medical malpractice. To prove that a medical provider violated their duty of caring and care, they must present an expert witness with knowledge and can show how the defendant's actions were not in accordance with the accepted standard of care. Parker Waichman's New York malpractice lawyers have an in-depth understanding of medicine and can scrutinize medical records to come up with solid theories.
Negligence
A medical professional could be held accountable if they diverge from the standard of practice and cause harm to the patient. The standard of care is defined as the level of expertise and prudence that a reasonably prudent health care professional would have exercised under similar circumstances. Your lawyer must prove that negligence of the doctor caused your injuries and that the doctor breached the standard of care.
It isn't easy to prove negligence in a malpractice case because healthcare professionals are held to higher standards due to the fact that they are regularly trained to save lives. Humans are prone for error, and the healthcare industry is no different.
For example, if a surgeon operates on the wrong side of the brain, or is mistakenly using an unrelated object during surgery, it's considered negligent and you could be entitled to compensation for your damages. If negligence led to an unintentional death, family members may also be entitled to compensation.
Economic damages can include future and current
Medical Malpractice Attorney expenses, loss of income and loss of consortium (companionship) as well as pain and suffering. These elements will be considered by a jury when deciding what damages you are entitled to. Your lawyer will rely on expert witnesses to help in proving your non-economic and medical damages. The experts will testify the fact that the doctor violated his or her duty of care, and that this failure directly caused your injuries.