Medical Malpractice AttorneysMany people believe that their doctors and other medical professionals will treat them with the care they deserve. Unfortunately, serious errors can occur in any type of healthcare setting.
Medical malpractice lawyers must demonstrate that the doctor violated his or duty of care, and that the negligence caused the injury. You may be entitled to specific damages that pay for the cost of your out-of-pocket expenses which includes the loss of wages.
The wrong diagnosis
In a perfect world doctors would be able to accurately identify any health issues that patients might have and provide them with the proper treatment plans. Doctors are humans and have the potential to make mistakes. If these errors lead to the development of a chronic illness, complications, a poor treatment or even death, then they may be deemed to be a form of negligent.
If you're suffering from misdiagnosis the legal definition of misdiagnosis is as simple as "a failure to provide an accurate diagnosis in timely manner." To be eligible for compensation, it is necessary to must prove that your doctor failed to fulfill his or her duty of care and this led to a more adverse medical outcome for you. A misdiagnosis lawyer can assess if you have a case that is valid.
You will need to prove that a doctor with the same qualifications and skill set could have made the correct diagnosis in a similar situation. This is done by using differential diagnosis. This involves listing the possible diseases that could be causing your symptoms, and then evaluating each until a definitive diagnosis can be identified.
You may be able to claim both general and special damages if you are able to prove your doctor ignored or did not perform this procedure or if he/she simply ignored your symptoms. Special damages cover out-of-pocket expenses like future and past medical bills, lost earnings, cost of therapy, pharmacy costs and equipment purchases. General damages are more tangible damages, such as the suffering of others, loss of quality of life and a shorter life duration.
Failure to Diagnose
Many serious medical conditions, such as heart attacks, cancer and appendicitis can be treated when identified early. But when medical professionals do not recognize these illnesses they could result in grave injury or even death.
When doctors fail to diagnose the patient, they are not performing their duties as professional. They could be held accountable for malpractice. A successful medical malpractice case is based on the fact that the doctor didn't follow the standard of treatment, causing physical harm to the patient. To prove this your attorney will rely on your medical documents and expert medical evidence to establish that the healthcare professional failed to provide the same level of care that their colleagues who have similar qualifications and experience.
It's important that you realize that not every medical error that leads to a missed diagnosis is 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 whenever you notice any symptoms of an illness or disease. Get in touch with an experienced attorney as soon as you can if you or someone close to you has been injured due to a failure to diagnose. In general,
medical malpractice cases are resolved outside of court before they reach trial. Your Fort Lauderdale failure-to-diagnose attorney will fight for the right amount of compensation for your case.
Treatment Errors
We all know that medical personnel and doctors are humans and are likely to make mistakes. Patients and their families can be able to file a malpractice lawsuit when mistakes result in grave injuries or even death. Treatment errors can range from prescribing a wrong medication or leaving an instrument used for surgery in the body of a patient after surgery. It is also possible that a doctor isn't following up on a patient's condition and they suffer a deterioration of health issue as in the process.
Doctors are required to keep accurate medical records for every patient they treat. These records must contain the patient's medical history, medicines that the patient is using, and any allergies. Documentation errors are the root of many medical malpractice lawsuits even a minor error such as putting an incorrect dosage on a prescription can cause serious harm to the patient.
In New York, it is the responsibility of the victim to prove a medical malpractice case. To demonstrate that the medical professional breached their duty of care, they must produce an expert witness who can explain the accepted standards of practice and how the defendant did not meet the requirements. 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 form solid theories about what happened.
Negligence
When a medical professional is deviating from the standards of care, causing harm to a patient, he or she may be liable for malpractice. The standard of care is the amount of expertise and prudence that an appropriately prudent healthcare professional would have employed in similar circumstances. Your lawyer must prove that the doctor acted in violation of the standard of care and that his or her negligence caused your injuries.
Negligence can be difficult to prove in a malpractice lawsuit because healthcare professionals are held to a higher standard than the average person because they are trained to save lives on a daily basis. Humans are prone to errors and the medical industry does not differ.
If, for instance, a surgeon accidentally uses an object that is foreign, or performs surgery on the wrong side, it is regarded as negligence. You may be entitled compensation for the harm you sustained. If negligence led to an unintentional death, family members could also be entitled to compensation.
Economic damages are based on the current and future medical costs as well as loss of income and loss of consortium (companionship) as well as pain and suffering. A jury will consider these factors when deciding much compensation you will receive for your losses. Your lawyer will make use of expert witnesses to establish your medical and non-economic damages. The experts will testify to the truth that the doctor acted in violation of his or her duty of care, and that this negligence directly caused your injuries.