Medical Malpractice AttorneysMost people believe that their doctors and other medical professionals will provide them with the care they deserve. Unfortunately, serious errors are possible in any type of healthcare facility.
Medical malpractice lawyers must prove that a doctor breached his or her duty of care and that this breach directly led to the injury you suffered. You could be entitled to specific damages that pay for any out-of-pocket expenses such as lost wages.
Incorrect diagnosis
In a perfect world doctors would be able to accurately identify any health issues that patients may have and give them the appropriate treatment plans. Doctors are not perfect and are prone to making mistakes. If their mistakes lead to an extended illness or complications, a poor treatment or even death, then they are considered to be negligent.
In the case of misdiagnosis the legal definition is as follows "a inability to provide an accurate diagnosis in a prompt manner." To be qualified for compensation, you must prove that your doctor failed to fulfill his or her obligation of care and this caused a worse medical outcome for you. A specialist misdiagnosis lawyer is able to assess whether you have a valid claim.
To prove your case in court, you need to show that a physician with the same skill set and credentials would have made an accurate diagnosis in a similar circumstance. The procedure for this is known as differential diagnosis. This is the process of listing all possible diseases that might be causing your symptoms and then evaluating each until a definitive diagnosis is established.
You are able to recover both general and special damages if prove your doctor ignored or failed to perform this procedure or if 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 costs. General damages cover more intangible damages, such as suffering and suffering loss of quality of life, and a decreased life time.
Inability to identify
Many serious medical conditions, including heart attacks, cancer, and appendicitis, are treatable if they are detected early. If medical professionals aren't successful in diagnosing these conditions, they may cause serious injuries or even death.
When doctors fail to diagnose the condition of a patient, they are not fulfilling their professional obligations. They can be held responsible for malpractice. A successful medical malpractice case rests on the fact that the doctor was not following the acceptable standard of medical care, causing physical harm to the patient. Your attorney will use medical documents and expert testimony to prove the healthcare professional didn't provide the same level of care as fellow professionals with similar training and experience.
It's important to remember that not all medical errors that lead to missed diagnoses are cause for a lawsuit. Certain ailments can be difficult to recognize, especially when they are in their very early stages. This is why it's essential to visit a medical professional as soon as you begin to notice signs of an illness or disease. If you or someone you know has been injured due to a lack of diagnosis the cause, you should consult a seasoned lawyer right away. Most
medical malpractice cases settle out of court, before going to trial. However the Fort Lauderdale failure to diagnose attorney will fight for fair compensation in your case.
Treatment Faults
We all know that medical staff and doctors are human, and they are likely to make mistakes. When the errors are serious and result in injury or death the patient or their family may be able to file a malpractice claim. Treatment errors include everything from prescribing a wrong medication to leaving an instrument inside the patient following surgery. It is possible that a doctor fails to properly follow up on a patient's condition and they develop a worsened health issue as the result.
Doctors must keep meticulous medical records for every patient they treat. These records must contain the patient's medical history, the medication that the patient is taking, and any allergies. Documentation errors are the basis of many medical malpractice lawsuits, and even a minor mistake such as placing an incorrect dosage on a prescription can result in serious consequences for the patient.
In New York, it is the victim's responsibility to prove a case of medical malpractice. To demonstrate that a medical professional has breached their duty of care, they must provide a witness who has specialized knowledge and can show how the defendant's actions were not in accordance with the standard of care accepted by all. Parker Waichman's New York malpractice lawyers have an extensive knowledge of medicine and can analyze medical records to formulate reliable theories.
Negligence
When a medical professional deviates from the norm of care and causes injury to the patient, he/she she may be guilty of malpractice. The standard of care is defined as the level of care and skill that a reasonably prudent healthcare professional would have exercised in similar circumstances. Your lawyer must prove that the doctor violated the standard of care and that his or her negligence caused your injuries.
It can be difficult to prove negligence in a case of malpractice since healthcare professionals are held at a higher standard because they are trained every day to save lives. However, humans are susceptible to make mistakes and healthcare professionals are not any exception.
If, for example, surgeons mistakenly use an object that is foreign, or performs surgery on the wrong side, it is deemed to be malpractice. You may be entitled to compensation for the harm you sustained. If the mistake resulted in the death of a family member, the members can also seek damages.
Economic damages are based on the current and future medical costs, loss of income as well as loss of consortium (companionship), pain, and suffering. These factors will be taken into consideration by a jury when deciding on the amount of damages you should receive. Your lawyer will rely on expert witnesses to prove your non-economic and medical damages. Experts will testify to the fact that the doctor violated his or her duty of care, and that this failure directly caused your injuries.