Medical Malpractice Attorneys
Many people believe that their doctors and other medical professionals will provide them with the care they need. Unfortunately, serious errors are possible in any type of healthcare setting.
Medical malpractice lawyers must prove that a physician breached his or her duty of care and that this breach directly led to the injury you suffered. Special damages may be awarded to cover for out-of-pocket expenses, for example, lost wages.
Undiagnosed
In a perfect world doctors could determine the cause of any health issues that patients may be suffering from, and provide them with the most appropriate treatment plans. Doctors are humans and are prone to making mistakes. And if these mistakes result in a more prolonged illness, complications that are not treated or ineffective treatment, or even death, they may be viewed as medical malpractice.
A misdiagnosis can be defined by law as "failure to render a proper diagnosis promptly." To be eligible for damages, you must show that your doctor violated their duty of care, and that the result was an adverse clinical outcome. A specialist misdiagnosis lawyer will be able to assess whether you have a valid claim.
To prove your case in court, you need to demonstrate that a doctor with the same level of expertise and qualifications would have provided the correct diagnosis in a similar scenario. The process for determining this is known as differential diagnosis. This involves identifying the possible diseases that might be causing your symptoms, and then testing each one until a final diagnose is identified.
You are able to recover both general and special damages if you are able to show that your doctor was not aware of or did not carry out this procedure or if simply ignored your symptoms. Special damages cover expenses out of pocket like future and past medical expenses, lost earnings, cost of therapy, pharmacy costs, and equipment purchases. General damages cover more tangible losses like discomfort and pain loss of quality and life expectancy, and also a shorter life expectancy.
Inability to recognize
Many serious medical conditions, such as heart attacks, cancer, and appendicitis are treatable by recognizing them in the early stages. But if medical professionals do not recognize these illnesses they could result in serious injury, and even death.
If doctors fail to diagnose a patient and fail to perform their professional duties and could be held accountable for negligence. A successful medical malpractice claim rests on the proof that the doctor didn't follow the standard of care, causing physical harm to the patient. Your lawyer will rely on medical records and expert testimony to establish the healthcare professional didn't perform the same standard of care as fellow professionals who have similar qualifications and experience.
It's important to remember that not all medical mistakes that lead to missed diagnoses are legal grounds for an action. Certain ailments are extremely difficult to diagnose, especially if they're in the very beginning stages. This is the reason it's so important to consult a medical professional when you begin to notice any symptoms of an illness or disease. If you or someone you love has been injured due to a failure to diagnose, contact an experienced attorney right away. Generally, most medical malpractice cases are resolved out of court prior to going to trial. However you Fort Lauderdale failure to diagnose attorney will fight for fair compensation in your case.
Treatment Errors
We all know that medical professionals as well as doctors are human beings and are bound to make mistakes. If those errors are grave and result in injury or death, the patient or their family may make a claim for malpractice. Treatment errors can range from prescribing the wrong medication or leaving a surgical instrument in the body of a patient after surgery. It's also possible that a doctor isn't able to follow the condition of a patient and they develop a worsened health issue as the result.
Doctors are required to maintain detailed medical records for every patient they treat. These records must contain the patient's medical history, the medications the patient is taking and any allergic reactions. A lot of medical malpractice claims stem from documentation errors. Even a slight error for instance, like writing the wrong dosage on a medication prescription, can result in serious consequences.
In New York, it is the responsibility of the victim to prove a case of medical malpractice. To establish that the medical practitioner breached their duty to care, they must present witnesses with specific knowledge who can articulate the accepted standards of practice and how the defendant failed to meet it. Parker Waichman's New York malpractice
lawyers have an extensive knowledge of medicine and are able to review medical records to form reliable theories.
Negligence
When a
medical malpractice law firm professional deviates from the accepted standards of care and causes injury to a patient, he or could be liable for malpractice. The standard of care is the degree of skill and caution a reasonably prudent healthcare provider would have employed in similar circumstances. Your lawyer must prove that the doctor did not adhere to the standard of care and that the doctor's negligence caused your injuries.
It can be difficult to prove in a malpractice claim because healthcare professionals are held to a higher standard than the average person since they are trained to save lives on a regular basis. Humans are prone to errors and the healthcare industry is no different.
For example when a surgeon performs surgery on the wrong side of the brain, or accidentally uses an unrelated object during surgery, it's deemed negligent and you could be entitled to compensation for your losses. If the negligence resulted in an unintentional death, family members may also be entitled to compensation.
Economic damages can include medical expenses at present and in the future as well as loss of income (including loss of companionship), pain and suffering. These factors will be taken into consideration by a jury when deciding what damages you are entitled to. Your lawyer will call on expert witnesses to help in proving your medical and non-economic damages. Experts will testify the doctor violated his or the duty of care, and that this breach directly led to your injuries.