Medical Malpractice AttorneysMost people believe that their doctors and other medical professionals will provide them with the care they deserve. Unfortunately, serious mistakes are possible in every health-care facility.
Medical malpractice attorneys must establish that a physician breached his or his duty of care and that this breach directly led to your injury. You may be entitled to special damages that will reimburse you for any expenses that you incurred out of pocket including lost wages.
Misdiagnosis
In a perfect world doctors would be able to accurately diagnose any health issues patients may be experiencing and give them the appropriate treatment plans. But the reality is that doctors are people and occasionally they make mistakes. And if those mistakes result in a longer-lasting illness, more complications, ineffective treatment, or even death, they can be deemed medical malpractice.
If you're suffering from misdiagnosis, the legal definition is as follows "a failure to render a correct diagnosis in a prompt manner." To be eligible for compensation, it is necessary to must prove that your physician breached his or her obligation of care and it resulted in a worse result for you. A specialist misdiagnosis lawyer will be able to determine if you have an appropriate claim.
To prove your case for your case, you will need to prove that a doctor with the same skills and credentials would have made an accurate diagnosis in a similar situation. The process of proving this is called differential diagnosis. This involves listing the possible diseases that could cause your symptoms, and then testing each until a definitive diagnosis can be established.
If you can demonstrate that your doctor failed to follow this procedure or if they simply ignored or did not notice the symptoms you have, you'll be entitled to claim both special and general damages. Special damages are those that are not covered by insurance. They include expenses such as past or future medical costs lost earnings, pharmacy fees, therapy costs, equipment purchases, and other expenses. General damages are more tangible losses, such as pain and suffering loss of quality of life, and a decreased life expectation.
Inability to diagnose
A variety of serious medical conditions such as heart attacks, cancer and appendicitis may be treated if identified early. However, when medical experts fail to recognize these conditions they could result in grave injury or even death.
If doctors fail in their duty to diagnose a patient, they're not performing their professional duties. They could be held accountable for malpractice. A successful medical malpractice claim rests on the proof that the doctor did not follow the accepted standard of medical care, causing physical harm to the patient. To do so your attorney will rely on your medical records and expert medical testimony to establish that the healthcare professional did not exercise the same level of care as their peers with similar training and experience.
It's important to remember that not all medical errors resulting in missed diagnoses are enough to warrant an action. Some conditions are very difficult to identify, particularly 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 discover any signs of illness or disease. If you or someone you know has been injured due to the inability to recognize a medical condition, seek out an experienced attorney as soon as you can. Generally, most medical malpractice cases are settled 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 medical staff and doctors are human beings and are likely to make mistakes. Patients or their families may be able to file a malpractice lawsuit when mistakes result in serious injury or death. Treatment mistakes could range from prescribing a wrong medication or leaving a surgical instrument in the body of a patient following surgery. It's also possible that a physician isn't able to follow the condition of a patient and they suffer a deterioration of health issue as the result.
Doctors are required to keep detailed medical records of every patient they treat. These records should include the patient's medical history, medications the patient is taking and any allergies. A lot of medical malpractice claims stem from errors in documentation. Even a small error for instance, like not writing the correct dosage on the prescription for a medicine, could result in serious consequences.
In New York, the burden of evidence in a medical mishap case rests with the victim. To demonstrate that a medical professional violated their duty of caring and care, they must present witnesses with specialized expertise and can demonstrate how the defendant's actions did not conform to the accepted standard of care. Parker Waichman's New York malpractice lawyers have a deep understanding of medicine and can review medical records in order to establish solid theories.
Negligence
When a medical professional is deviating from the accepted standards of care, causing injury to patients, he or could be guilty of malpractice. The standard of care refers to the level of skill and caution the reasonably prudent healthcare professional would have employed in similar circumstances. Your attorney must demonstrate that the negligence of the doctor led to your injuries and that he/she did not follow the standard of care.
It can be difficult to prove negligence in a malpractice case since healthcare professionals are held to higher standards due to the fact that they are constantly trained to save lives. Humans are prone to errors and the healthcare field does not differ.
If, for example, surgeons accidentally use an object that is foreign, or performs surgery on the wrong side, this is considered negligence. You may be entitled to compensation for your injuries. If the mistake resulted in the death of a loved one, family members can also claim damages.
Economic damages may include future and current medical expenses such as income loss or loss of consortium (companionship) and pain and suffering. A jury will consider these factors when deciding much compensation you will receive for your losses. Your lawyer will rely on expert witnesses to help in proving your non-economic and medical damages. Experts will testify that the doctor breached his or her duty of care, and that the breach directly contributed to your injuries.