Medical Malpractice AttorneysThe majority of people trust that their doctors and other medical professionals will provide patients with the care they deserve. However, serious errors are possible in every type of health care setting.
Medical malpractice attorneys must establish that a physician breached his or their duty of care and that this breach directly led to the injury you suffered. Special damages can be awarded to pay for out-of-pocket expenses, like lost wages.
The wrong diagnosis
In a perfect universe doctors would be able identify accurately any health issue that patients may have, and provide them with appropriate treatment plans. Doctors are human, and they may make mistakes. And if those mistakes cause a prolonged illness, additional complications and ineffective treatment or even death, they may be considered medical malpractice.
In the case of misdiagnosis the legal definition is straightforward "a inability to provide a correct diagnosis in a timely manner." To be eligible for compensation, you must prove that your doctor failed to fulfill his or her obligation of care and this resulted in a less favorable clinical outcome for you. A misdiagnosis lawyer can assess if you have a valid case.
You must show that a doctor with the same qualifications and skills would have made a correct diagnosis in a similar situation. The procedure for this is called differential diagnosis. This involves listing all diseases that may cause your symptoms and then testing for each one in turn until a final diagnosis is made.
You can claim general and specific damages if it is possible to prove that your doctor did not or did not perform this procedure or if he/she ignored your symptoms. Special damages are those that are not covered by insurance. They include costs such as past and future medical costs as well as lost earnings and pharmacy charges and therapy costs, as well as equipment purchases, and other expenses. General damages are for more intangible losses like pain and discomfort as well as loss of quality and life, and a shorter life expectancy.
Failure to Diagnose
Many serious medical conditions such as cancer, heart attacks and appendicitis may be treated if detected early. But if medical professionals fail to recognize the signs, they can cause serious injury and even death.
If doctors fail to recognize the condition of a patient, they are not performing their duties as professional. They could be held accountable for negligence. A successful medical malpractice case depends on proving that the doctor's violation of the accepted standard of care that caused physical harm to the victim. Your attorney will use medical documents and expert testimony to establish that the healthcare professional did not exercise the same level care as other healthcare professionals with similar training and experience.
It's important to remember that not all medical errors that result in missed diagnoses are cause for a lawsuit. Certain conditions are difficult to diagnose, especially when they are in their very infancy. This is the reason it's so important to consult a medical professional as soon as you discover any signs of illness or disease. Contact a seasoned attorney immediately if you or someone close to you has suffered injury because of a failed determine. Most medical malpractice cases settle out of court, before going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to get you fair compensation for your case.
Treatment Mistakes
We all know that medical personnel and doctors are human and are likely to make mistakes. Patients or their families could be able to file a malpractice lawsuit if the mistakes result in grave injury or death. Treatment mistakes can range from prescribing incorrect medication to leaving an instrument for surgery inside the body of a patient following surgery. It's also possible that a doctor does not follow the condition of a patient and they suffer a deterioration of health issue as in the process.
Doctors are required to keep meticulous medical records for every patient they treat, which includes medical history, list of the medications the patient takes and any allergies the patient has. A lot of medical malpractice claims are based on mistakes in documentation. Even a small error for instance, like prescribing the wrong dosage on a medication prescription, can have serious consequences.
In New York, the burden of the proof in a medical negligence case is on the victim. To prove that the medical professional did not meet their duty of care, they must produce a witness with specialized knowledge who can articulate the accepted standards of practice and how the defendant didn't meet the requirements. Parker Waichman's New York malpractice lawyers have a thorough understanding of medical practices and can review medical records to come up with reliable theories.
Negligence
Medical professionals could be held accountable if they diverge from the norm of practice which causes harm to a patient. The standard of care is defined as the degree of expertise and prudence that a reasonable health care provider would have exercised under similar circumstances. Your lawyer must prove that the doctor did not adhere to the standard of care and that his 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 because they are trained to save lives on a regular basis. Humans are vulnerable to error and the healthcare field is no different.
For example the case where a surgeon works on the wrong side of the brain, or accidentally uses a foreign object during surgery, it's deemed malpractice and you may be entitled to compensation for your injuries. If negligence led to an injury or death that was not your fault, your family members may also be entitled to compensation.
Economic damages may include medical expenses both now and in the future as well as loss of income (including loss of companionship) as well as pain and suffering. These elements will be taken into consideration by a jury when deciding on the amount of damages you should receive. Your lawyer will employ expert witnesses to establish your medical and non-economic damages. The experts will testify that the doctor breached his or the duty of care, and that this failure directly caused your injuries.