Medical Malpractice Attorneys
Many people believe that their doctors and other medical professionals will provide them with the care that they deserve. However, serious errors can occur in almost 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, for example, lost wages.
Undiagnosed
In a perfect world doctors would be able to accurately diagnose any health issues patients might have and give them the appropriate treatment plans. Doctors are not perfect and are prone to making mistakes. And if those mistakes result in a longer-lasting illness, more complications or treatment that is ineffective, or even death, they can be viewed as medical negligence.
A misdiagnosis is defined in law as "failure to render a proper diagnosis in a timely manner." To be able to claim damages, you must prove that your doctor breached their duty of care, and that the result was worse clinical outcomes. A misdiagnosis lawyer is able to determine whether you have a valid case.
To show that you are the right person in court, you need to demonstrate that a doctor with the same set of skills and credentials would have made an accurate diagnosis in the same situation. The process for determining this is called differential diagnosis. This involves identifying all disease processes that could cause your symptoms, and then testing for each in turn until a final diagnosis is established.
If you can prove that your doctor was unable to perform this process or if they simply ignored or neglected the symptoms you have, you'll be entitled to claim both general and special damages. Special damages cover expenses out of pocket like future and past medical expenses, lost earnings, expenses for therapy, pharmacy fees, and equipment purchases. General damages cover more tangible losses such as discomfort and pain as well as loss of quality and life, and a lower life expectancy.
Inability to recognize
Many serious medical conditions like heart attacks, cancer, and appendicitis may be treated if detected early. If medical professionals aren't successful in recognizing these conditions they can cause serious injury or even death.
If doctors fail to recognize a diagnosis, they are failing to fulfill their professional responsibilities and are liable for negligence. A successful medical malpractice claim hinges on proving the doctor's lapse from the accepted standard of care that caused physical injury to the victim. Your lawyer will use medical records and expert testimony to prove the medical professional did not perform the same standard of care as peers with similar training and experience.
It is important to keep in mind that not all medical mistakes resulting in missed diagnoses are grounds for an action. Some conditions can be difficult to recognize, especially when they're in very infancy. This is why it's essential to see a doctor immediately you begin to notice signs of an illness or disease. Contact a seasoned attorney immediately in the event that you or someone close to you has suffered injury due to a failure to diagnose. In general, medical malpractice cases are settled 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 Mistakes
We all know that
medical malpractice lawsuit staff and doctors are human beings and are bound to make mistakes. Patients or their families could bring a malpractice lawsuit if the mistakes result in grave injuries or even death. Treatment errors range from prescribing the wrong drug to putting an instrument in the patient following surgery. It's also possible that a doctor fails to properly follow any changes in a patient's health and they end up with a more serious health issue as in the process.
Doctors should keep meticulous medical records for each patient they see, which includes a medical history, a list of medications the patient is taking, as well as any allergies they suffer from. Documentation errors are the basis of many
medical malpractice lawsuits, and even a minor error like placing an incorrect dosage on a prescription could result in serious consequences for a patient.
In New York, it is the responsibility of the victim to prove the case of medical malpractice. To show that a medical professional has breached their duty of care in the course of their care, they must produce witnesses with specialized knowledge and can explain how the defendant's actions were not in accordance with the standard of care recognized by law. 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
A medical professional could be found guilty if they deviate from the standards of practice which causes harm to a patient. The standard of care is the degree of skill and caution any reasonably prudent healthcare provider would have employed under similar circumstances. Your attorney must demonstrate that the negligence of the doctor led to your injuries and that the doctor did not follow the standard of care.
It can be challenging to prove the negligence of a medical professional in a malpractice case because healthcare professionals are held to higher standards because they are constantly trained to save lives. 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 in error, uses a foreign object during surgery, it's negligence and you could be entitled to compensation for your losses. If the malpractice resulted the death of a loved one, family members may also be entitled to damages.
Economic damages include current and future medical expenses such as income loss as well as loss of consortium (companionship) as well as pain and suffering. A jury will weigh 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 prove that the doctor breached his or their duty of care and that this breach of duty directly contributed to your injuries.