Medical Malpractice AttorneysThe majority of people trust that their physicians and other medical professionals will treat them with the respect they deserve. Unfortunately, serious errors can occur in any kind of healthcare facility.
Medical malpractice lawyers must prove that the physician violated his or duty of care, and that this negligence caused the injury. Special damages may be awarded to compensate you for any out-of-pocket expenses for example, lost wages.
The wrong diagnosis
In a perfect world doctors would be able to precisely determine any health issues patients might be suffering from and give them the appropriate treatment plans. Doctors are not perfect and may make mistakes. And if the mistakes result in a longer-lasting illness, more complications or ineffective treatment, or even death, they could be deemed medical malpractice.
A misdiagnosis is defined in law as "failure to render a proper diagnosis in a timely manner." To be able to pursue damages, you must show that your doctor did not fulfill their duty of care and that this resulted in an adverse clinical outcome. A misdiagnosis lawyer can assess if you have a case that is valid.
To demonstrate your case, you will need to prove that a doctor who has the same skills and credentials would have made an accurate diagnosis in a similar situation. The process for determining this is called differential diagnosis. This is the process of listing all possible illnesses that might cause your symptoms, and then evaluating each until a final diagnose is established.
You may be able to claim both general and special damages if you are able to show that your doctor was not aware of or failed to perform this procedure or if did not even notice your symptoms. Special damages are those that are not covered by insurance. They include expenses such as past or future medical expenses as well as lost earnings prescription fees and therapy costs, as well as equipment purchases, and other expenses. General damages cover more intangible losses, such as pain and suffering loss of quality of life, and a decrease in life expectation.
Failure to recognize
Many serious medical conditions, like heart attacks, cancer and appendicitis, can be treated when they are identified in the beginning stages. If medical professionals fail to diagnosing these conditions they can cause serious injury or even death.
If doctors fail to recognize a diagnosis and fail to fulfill their professional responsibilities and can be held liable for mistakes. A successful medical malpractice case hinges on the proof that the doctor didn't follow the standard of care, causing physical injury to the patient. To prove this your lawyer will use your medical documents and expert medical evidence to prove that the healthcare professional was unable to provide the same level of care as other professionals 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. Certain illnesses can be difficult to diagnose, particularly when they're in very infancy. It is crucial to consult your doctor as soon as possible when you begin to start to feel the symptoms of an illness. If you or someone you care about was injured as a result of the inability to recognize, contact an experienced lawyer right away. In general, medical malpractice cases are settled outside of court before they reach trial. However the Fort Lauderdale failure to diagnose attorney will fight for fair compensation in your case.
Treatment Faults
We all know that medical professionals and doctors are human beings, and are likely to make mistakes. Patients or their families may sue for malpractice in the event that the mistakes cause serious injuries or even death. Treatment errors can range from prescribing the wrong drug to putting an instrument into the body of a patient following surgery. It's also possible that a doctor does not follow up on a patient's condition and they develop a worsened health issue as consequence.
Doctors should keep meticulous medical records for each patient they treat. The records includes a medical history, a list of the medications the patient is taking, as well as any allergies that the patient may have. Documentation errors are the basis of many
medical malpractice lawsuits and even a small error like placing an incorrect dosage on a prescription may result in serious consequences for the patient.
In New York, the burden of the proof in a medical negligence case rests with the victim. To demonstrate that a medical professional did not meet 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 accepted standard of care. Parker Waichman's New York malpractice lawyers have an extensive knowledge of medicine and are able to review medical records to form reliable theories.
Negligence
A medical professional could be found guilty if they deviate from the accepted standard of care which causes harm to a patient. The standard of care is the degree of competence and prudence an appropriately prudent healthcare professional would have employed in similar circumstances. Your attorney must establish that the doctor violated the standard of care and that his or her negligence caused your injuries.
It can be challenging to prove the negligence in a malpractice claim because healthcare professionals are held at higher standards due to the fact that they are regularly trained to save lives. However, humans are subject to error, and the healthcare industry is not exempt.
For example, if a surgeon operates on the wrong side of the brain, or accidentally uses an object foreign to the surgery, it's considered negligent and you could be entitled to compensation for your losses. If negligence led to a wrongful demise, family members could also be entitled to compensation.
Economic damages may include medical expenses at present and in the future as well as loss of income (including loss of companionship) and suffering and pain. These elements will be considered by juries when deciding on the amount of damages you should receive. Your lawyer will rely on expert witnesses to help in proving your non-economic and medical damages. Experts will testify that the doctor violated his or his duty of care and that this failure directly led to your injuries.