Medical Malpractice AttorneysMost people trust that their doctors and other medical professionals will provide them with the care they need. However, serious errors are possible in any type of health-care setting.
Medical malpractice lawyers must prove that the doctor violated his or her duty of care, and that this breach caused your injury. Special damages can be awarded to reimburse you for expenses out of pocket, like lost wages.
Undiagnosed
In a perfect world, doctors could accurately determine any health problems patients might be suffering from and give them the best treatment plans. However, the truth is that doctors are human and, at times, they make mistakes. And if these mistakes result in a longer-lasting 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 give a proper diagnosis in a timely manner." To be eligible for damages, you have to prove that your doctor did not fulfill their duty of care, and this resulted in an adverse clinical outcome. A specialist misdiagnosis lawyer will be able to determine whether you have a valid claim.
To be able to prove your case in court, you need to show that a physician with the same skill set and qualifications would have made a correct diagnosis in a similar scenario. This is accomplished using differential diagnosis. This is the process of listing all possible illnesses that might be causing your symptoms and then evaluating each until a definitive diagnosis can be made.
You may be able to claim both general and special damages if demonstrate that your doctor didn't or failed to perform this procedure or if ignored your symptoms. Special damages cover expenses out of pocket like future and past medical expenses, lost earnings, therapy costs, pharmacy charges and equipment purchase. General damages cover more intangible loss, such as suffering and pain, loss of quality of life and a shorter life expectancy.
Inability to recognize
Many serious medical conditions, including heart attacks, cancer, and appendicitis, can be treated when they are discovered early. But when medical professionals fail to recognize the signs they could cause grave injury or even death.
If doctors fail to recognize a patient, they're not performing their duties as professional. They can be held accountable for their mistakes. A successful medical malpractice case relies on proving that the doctor's lapse from the accepted standard of care caused physical harm to the victim. Your lawyer will make use of medical documents and expert testimony to prove the medical professional did not provide the same level of care as colleagues with similar experience and training.
It's important to remember that not all medical mistakes that lead to missed diagnoses can be legal grounds for an action. Certain ailments can be difficult to recognize, especially when they are in their very beginning stages. It's important to see an expert as soon as possible if you begin to notice signs of illness. If you or someone you care about has been injured due to the inability to recognize the problem, consult an experienced attorney as soon as you can. Generally, most medical malpractice cases are settled out of court before going to trial. However, your Fort Lauderdale failure to diagnose attorney will fight for fair compensation in your case.
Treatment Misses
We all know that
medical malpractice attorney professionals and doctors are also human and are likely to make mistakes. Patients or their families can be able to file a malpractice lawsuit when mistakes result in serious injury or death. Treatment mistakes can range from prescribing the wrong medication or leaving surgical instruments in the body of a patient following surgery. It's also possible that a doctor does not follow any changes in a patient's health and then they experience a worsening health issue as a result.
Doctors must maintain detailed medical records for each patient they treat. This includes a medical history, a list of any medications the patient takes, and any allergies the patient has. Many medical malpractice claims stem from errors in documentation. Even a minor error like not writing the correct dosage on a medication prescription, can have serious consequences.
In New York, it is the responsibility of the victim to prove the medical malpractice case. To prove that a medical provider has breached their duty of care, they must provide witnesses with specialized expertise and can clearly explain why the defendant's actions were not in accordance with the standards of care that are accepted. Parker Waichman's New York malpractice lawyers have a deep understanding of medicine and can review medical records to form reliable theories.
Negligence
A medical professional may be found guilty if they deviate from the accepted standard of care and cause harm to patients. The standard of care is defined as the level of care and skill that a reasonable healthcare professional would have exercised in similar circumstances. Your lawyer must establish that negligence of the doctor caused your injuries and that he/she did not follow the standard of care.
It can be 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 regular basis. Humans are susceptible to error and the healthcare industry does not differ.
For instance, if a surgeon accidentally uses an object from another country or operates on the wrong side, it is considered malpractice. You may be entitled to compensation for your losses. If the error caused an unintentional death, family members could also be entitled to compensation.
Economic damages can include future and present medical expenses as well as loss of income, loss of consortium (companionship), pain, and suffering. These elements will be considered by a jury in deciding on the amount of damages you will be awarded. Your lawyer will rely on expert witnesses to demonstrate your
medical malpractice law firm and non-economic damages. The experts will testify that the doctor breached his or his duty of care and that this breach of duty directly caused your injuries.