Medical Malpractice Attorneys
Many people believe that their physicians and other medical professionals will treat patients with the care they deserve. However, serious mistakes are possible in any type of healthcare setting.
Medical malpractice lawyers must prove that a doctor breached his or their duty of care and that the breach directly caused 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 determine any health problems patients might have and give them the appropriate treatment plans. Doctors are human and they may make mistakes. And if these mistakes cause a prolonged disease, additional complications, ineffective treatment, or even death, they may be considered medical malpractice.
If you're suffering from misdiagnosis the legal definition is straightforward "a failure to provide an accurate diagnosis in a timely fashion." To be legally entitled to compensation, you must prove that your doctor violated their obligation of care and this resulted in a less favorable result for you. A specialist misdiagnosis lawyer will be able to assess whether you have a valid claim.
To demonstrate your case for your case, you will need to prove that a doctor who has the same level of expertise and credentials would have made an accurate diagnosis in the same situation. This is accomplished through the concept of differential diagnosis. This involves listing the possible illnesses that could be causing your symptoms and then testing each until a final diagnose is determined.
You may be able to claim both general and special damages if you are able to demonstrate that your doctor didn't or failed to perform this procedure or if he/she she simply ignored your symptoms. Special damages are for out-of-pocket expenses like past and future medical bills, lost earnings cost of therapy, pharmacy costs and equipment purchases. General damages include more intangible damages, such as pain and suffering, loss of quality of life and a shorter life expectancy.
Failure to Diagnose
A variety of serious medical conditions such as heart attacks, cancer and appendicitis are treatable if identified early. But if medical experts do not recognize these illnesses they could cause grave injury or even death.
When doctors do not make a diagnosis, they are failing to fulfill their professional responsibilities and can be held liable for negligence. A successful medical malpractice case hinges on the fact that the doctor was not following the acceptable standard of care, causing physical harm to the patient. To prove this your attorney will rely on your medical records and expert medical testimony to prove that the healthcare professional failed to exercise the same level of care as other professionals with similar experience and training.
It is important to keep in mind that not all medical errors that result in missed diagnoses are legal grounds for an action. Certain conditions are difficult to diagnose, particularly if they're in the very beginning stages. This is the reason it's so important to consult a medical professional immediately you begin to notice signs of an illness or disease. Contact an experienced attorney immediately if you or someone close to you has suffered injury due to a lack of determine. Generally, most medical malpractice cases are resolved out of court prior to going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to secure an appropriate amount of compensation for your case.
Treatment Misses
We all know that medical professionals and doctors are human, and they are bound to make mistakes. Patients and their families can file a malpractice suit if the mistakes result in serious injury or death. Treatment errors range from prescribing the wrong drug or leaving an instrument inside the patient after surgery. It is possible that a doctor isn't following the condition of a patient and they suffer a deterioration of health issue as the result.
Doctors are required to keep meticulous medical records for every patient they treat, which includes
medical malpractice lawsuit history, a list of the medications the patient takes and any allergies the patient has. Documentation errors are at the heart of many medical malpractice -
head to the www.maxtremer.com site, claims even a small error like placing an incorrect dosage on a prescription can result in serious consequences for the patient.
In New York, the burden of proof in a medical malpractice case is on the victim. To prove that the medical professional breached their duty of care, they must present an expert witness who can present the accepted standards of practice and the way in which the defendant didn't meet the requirements. Parker Waichman's New York malpractice lawyers have an extensive knowledge of medicine and can scrutinize medical records in order to establish solid theories.
Negligence
When a medical professional deviates from the standards of care, causing injury to the patient, he/she could be guilty of negligence. The standard of care is the degree of expertise and prudence that any reasonably prudent healthcare provider would have employed in similar circumstances. Your attorney must demonstrate that negligence of the doctor caused your injuries and that he/she breached the standard of care.
It can be difficult to prove negligence in a malpractice case since healthcare professionals are held to a higher standard because they are trained daily to save lives. However, humans are susceptible to error, and healthcare professionals are no exception.
For instance in the event that a surgeon operates on the wrong side of the brain, or accidentally uses a foreign object during surgery, it's negligent and you could be entitled to compensation for your injuries. If the error resulted in the death of a family member, the members can also claim damages.
Economic damages are based on current and future medical expenses and income loss and loss of consortium (companionship) and pain and suffering. These elements will be considered by a jury when deciding what damages you are entitled to. Your lawyer will rely on expert witnesses to prove your non-economic and medical damages. The experts will testify to the truth that the doctor acted in violation of his or duty of care, and that this negligence directly contributed to your injuries.