Medical Malpractice Attorneys
A majority of people trust that physicians and other medical professionals will provide patients with the care they deserve. However, serious errors are possible in any health-care setting.
Medical malpractice lawyers must prove that the doctor acted in breach of his or her duty of care, and that the breach caused your injury. You could be entitled to special damages that reimburse you for the cost of your out-of-pocket expenses including the loss of wages.
The wrong diagnosis
In a perfect world, doctors would be able determine the cause of any health issues that patients might have and give them the appropriate treatment plans. Doctors are human, and they are prone to making mistakes. If these errors lead to a longer illness or complications, a poor treatment or even death, then they can be considered negligence.
A misdiagnosis is defined in law as "failure to provide a valid diagnosis in a timely manner." To be eligible for damages, you have to prove that your doctor breached their duty of care, and this led to an adverse clinical outcome. A misdiagnosis lawyer will determine if you have a case that is valid.
You will have to demonstrate that a doctor with the same qualifications and skills could have made the correct diagnosis in the same situation. This is accomplished using the concept of differential diagnosis. This involves identifying the possible diseases that could cause your symptoms, and then examining each one until a definitive diagnosis can be established.
If you can demonstrate that your doctor failed to complete this procedure or if they simply ignored or did not notice your symptoms, then you will be able to claim general and special damages. Special damages are for out-of-pocket expenses such as future and past medical bills, lost earnings, pharmacy charges, therapy costs and equipment purchases. General damages include more intangible losses such as pain and discomfort, loss of quality and life expectancy, and also a shorter life expectancy.
Failure to Diagnose
Many serious medical conditions, such as heart attacks, cancer, and appendicitis can be treated when identified early. However, if medical professionals fail to recognize the signs they could cause severe injury or even death.
If doctors fail to identify a patient, they are not fulfilling their professional responsibilities. They could be held accountable for malpractice. A successful medical malpractice claim rests on the proof that the doctor deviated from the acceptable standard of care, causing physical injury to the patient. To prove this your attorney will rely on your medical documents and expert medical evidence to prove that the healthcare professional failed to provide the same level of care as other professionals with comparable training and experience.
It's important to remember that not every medical error that leads to a missed diagnosis is cause for an action. Certain conditions are difficult to diagnose, especially when they're in the beginning stages. This is why it's essential to visit a
medical malpractice lawsuits professional whenever you detect any signs of an illness or disease. If you or someone you love has been injured due to the inability to recognize the cause, you should consult a seasoned lawyer right away. In general, medical malpractice cases are resolved outside of court before they go to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to ensure you receive the right amount of compensation for your case.
Treatment Mistakes
We all know that doctors and medical staff are humans, and are bound to make mistakes. If the mistakes are serious and result in injury or death, the patient or their loved ones could file a malpractice claim. Treatment errors can range from prescribing the wrong medicine to putting an instrument in the patient after surgery. A doctor might not follow up properly on patients and lead to a worsened condition.
Doctors are required to keep meticulous medical records for each patient they see, which includes a
medical Malpractice lawyer history, a list of the medications that the patient takes, and any allergies the patient has. Many medical malpractice claims are based on mistakes in documentation. Even a minor error, such as not writing the correct dosage on the prescription for a medication, could have serious consequences.
In New York, it is the responsibility of the victim to prove a medical malpractice case. To prove that the medical professional violated their duty of care, they have to produce a witness with specialized knowledge who can articulate the accepted standard of care and the way in which the defendant failed to adhere to it. This is why it's important to find a New York malpractice lawyer from Parker Waichman who has a deep understanding of medicine and can review the medical records and come up with reliable theories of what occurred.
Negligence
A medical professional could be held accountable if they diverge from the standards of practice which causes harm to the patient. The standard of care is defined as the degree of skill and care that a reasonable healthcare professional would have exercised under similar circumstances. Your lawyer must establish that negligence by the doctor caused your injuries and that he or she breached 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 susceptible to error and healthcare professionals are not any exception.
If, for instance, a surgeon accidentally uses an object that is foreign or operates on the wrong side, this is regarded as negligence. You may be entitled compensation for your damages. If the malpractice resulted the death of a family member, the members may also be entitled to damages.
Economic damages include the current and future medical costs, loss of income, loss of consortium (companionship) as well as pain and suffering. These factors will be considered by juries when deciding on the amount of damages you should receive. Your lawyer will ask expert witnesses to help in proving your non-economic and medical damages. Experts will testify that the doctor did not fulfill his or her duty of care, and that this failure directly led to your injuries.