Medical Malpractice AttorneysMany people believe that their doctors and other medical professionals will give them the attention that they deserve. However, serious errors can happen in virtually every type of health care setting.
Medical malpractice lawyers must demonstrate that the doctor violated his or duty of care, and that the breach led to your injury. Special damages may be awarded to pay for expenses out of pocket, such as lost wages.
Undiagnosed
In a perfect universe doctors could determine the cause of any health issues that patients may have, and then provide them with proper treatment plans. However, the truth is that doctors are human and they can make a few mistakes. And if those mistakes result in a longer illness, additional complications and ineffective treatment or even death, they can be viewed as medical negligence.
In the case of misdiagnosis, the legal definition is as follows "a inability to provide an accurate diagnosis in timely fashion." To be eligible for compensation, you need to prove that your doctor failed to fulfill his or her duty of care, and that this resulted in a less favorable result for you. A misdiagnosis lawyer will determine if you have a valid case.
To show that you are the right person for your case, you will need to prove that a doctor who has the same level of expertise and qualifications would have provided an accurate diagnosis in a similar circumstance. The process for determining this is known as differential diagnosis. This involves identifying the possible illnesses that could cause your symptoms, and then testing each one until a definitive diagnosis can be determined.
You are able to recover both general and special damages if show that your doctor was not aware of or failed to perform this procedure, or if he or did not even notice your symptoms. Special damages include out-of pocket expenses like past and future medical costs as well as lost earnings as well as pharmacy fees, therapy costs, equipment purchases, as well as other expenses. General damages cover more intangible losses such as pain and discomfort, loss of quality or life expectancy, and also a shorter life expectancy.
Failure to Diagnose
Many serious medical conditions, like heart attacks, cancer and appendicitis, are treatable when they are identified in the beginning stages. However, if medical experts fail to recognize the signs they could result in grave injury or even death.
When doctors miss a diagnosis and fail to perform their professional duties and could be held accountable for mistakes. A successful medical malpractice case is based on the proof that the doctor's lapse from the accepted standard of care that caused physical harm to the victim. To do so your attorney will rely on your medical documents and expert medical evidence to prove that the healthcare professional was unable to exercise the same level of care that their colleagues with similar training and experience.
It's important to keep in mind that not every medical error that results in a missed diagnosis is cause for an action. Certain conditions are difficult to diagnose, especially when they are in their very beginning stages. It's crucial to visit a doctor as quickly as possible if you detect signs of illness. If you or someone you know has been injured due to a failure to diagnose the problem, consult an experienced attorney immediately. Most medical malpractice cases are settled out of court before going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to ensure you receive fair compensation for your case.
Treatment Faults
We all know that doctors and medical staff are human beings and are likely to make mistakes. If the mistakes are serious, however, resulting in injury or death, the patient or their loved ones could make a claim for malpractice. Treatment errors could range from prescribing a incorrect medication to putting an instrument for surgery inside a patient's body after surgery. It is also possible that a physician does not follow the condition of a patient and they develop a worsened health issue as a result.
Doctors must keep meticulous medical records for every patient they treat. These records must contain the patient's medical history, medication that the patient is taking and any allergies. Documentation errors are the basis of many
medical malpractice lawsuits even a small mistake like putting an incorrect dosage on a prescription can have serious consequences for the patient.
In New York, it is the victim's responsibility to prove the case of medical malpractice. To show that a medical professional breached their duty to care 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 accepted standard of care. Parker Waichman's New York malpractice lawyers have a deep understanding of medicine and can scrutinize medical records to come up with reliable theories.
Negligence
If a medical professional strays from the standards of care, causing injury to a patient, he or could be liable for malpractice. The standard of care is defined as the degree of skill and care that a reasonable healthcare professional would have exercised in similar circumstances. Your attorney must demonstrate that the doctor's negligence caused your injuries and that the doctor violated the standard care.
It can be difficult to prove in a malpractice case because healthcare professionals are held to higher standards than the average person since they are trained to save lives on a regular basis. However, humans are susceptible to make mistakes and the healthcare industry is not any exception.
If, for instance surgeons accidentally use an object that is foreign, or performs surgery on the wrong side, this is considered negligence. You could be entitled to compensation for your damages. If the malpractice resulted the death of a family member, the members can also recover damages.
Economic damages can include medical expenses at present and in the future or in the future, loss of income (including loss of companionship), suffering and pain. These factors will be taken into consideration by a jury when deciding the amount of damages you should receive. Your lawyer will bring in expert witnesses to help in proving your non-economic and medical damages. Experts will testify the fact that the doctor violated his or duty of care, and that this negligence directly caused your injuries.