Medical Malpractice AttorneysA majority of people trust that doctors and other medical professionals will treat them with the care they deserve. Unfortunately, serious errors are possible in any type of healthcare setting.
Medical malpractice attorneys must establish that a doctor breached his or their duty of care and that the breach directly led to the injury you suffered. You could be entitled special damages that reimburse you for any expenses that you incurred out of pocket such as the loss of wages.
Undiagnosed
In a perfect world, doctors would be able detect any health problems that patients may be suffering from, and provide them with the proper treatment plans. Doctors are human and they can make mistakes. If these mistakes lead to more serious illness or complications, a poor treatment or even death, they could be considered to be as malpractice.
A misdiagnosis is defined by law as "failure to give a proper diagnosis in a timely manner." To be able to claim damages, you need to prove that your doctor did not fulfill their duty of care, and that this resulted in worse outcomes for your medical condition. A misdiagnosis lawyer can assess whether you have a valid case.
You will need to prove that an individual with the same qualifications and experience could have made the correct diagnoses in a similar scenario. The process for determining this is called differential diagnosis. This is the process of listing all possible illnesses that could be causing your symptoms, and then examining each one until a final diagnose is made.
If you can demonstrate that your doctor failed to perform this process or if they ignored or neglected your symptoms, you'll be entitled to recover both general and specific damages. Special damages cover out-of-pocket expenses such as future and past medical bills, lost earnings pharmacy charges, therapy costs, and equipment purchases. General damages cover more tangible losses such as pain and discomfort, loss of quality or life, and a lower life expectancy.
Inability to recognize
Many serious medical conditions, such as heart attacks, cancer and appendicitis are treatable when they are discovered in the early stages. When medical professionals fail in the detection of these diseases, they may cause serious injury or even death.
When doctors miss a diagnosis, they are failing to fulfill their professional responsibilities and can be held liable for malpractice. A successful medical malpractice case is based on the proof that the doctor's lapse from the accepted standard of care causing physical injury to the victim. To do so, your attorney will use your medical documents and expert medical evidence to establish that the healthcare professional failed to exercise the same level of care as other healthcare professionals with similar experience and training.
It's important to note that not every medical error which results in a misdiagnosis is grounds for a lawsuit. Some conditions are very difficult to recognize, especially when they're in very early stages. It's crucial to visit a doctor as quickly as you can if you begin to detect signs of illness. If you or someone you know has been injured due to an inability to diagnose, contact an experienced attorney immediately. Most medical malpractice cases are settled out of court before they reach trial. However, your 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 bound to make mistakes. If those errors are grave but result in injury or death, the patient or their loved ones could bring a malpractice lawsuit. Treatment errors could range from prescribing a incorrect medication to leaving a surgical instrument in a patient's body after surgery. A doctor might not monitor a patient and lead to an illness that is worsening.
Doctors should keep meticulous medical records for every patient they see, which contains medical history, a list of any medications the patient is taking, as well as any allergies the patient suffers from. A lot of medical malpractice claims are based on errors in documentation. Even a minor error such as not writing the correct dosage on prescriptions for medications, can result in serious consequences.
In New York, the burden of evidence in a medical mishap case lies with the patient. To prove that a medical provider has breached their duty of care in the course of their care, they must produce an expert witness who has the expertise and can demonstrate how they failed to meet the standard of care recognized by law. Parker Waichman's New York malpractice lawyers have a thorough understanding of medical practices and are able to review medical records to come up with reliable theories.
Negligence
A medical professional may be held accountable if they diverge from the accepted standard of care which causes harm to the patient. The standard of care is the level of expertise and prudence that any reasonably prudent healthcare provider would have employed under similar circumstances. Your attorney must demonstrate that the doctor's negligence caused your injuries and that he or she breached the standard of care.
It isn't easy to prove the negligence in a malpractice claim because healthcare professionals are held at higher standards due to the fact that they are trained daily to save lives. Humans are vulnerable to error and the healthcare industry is no different.
For instance, if a surgeon accidentally uses an object that is foreign, or performs surgery on the wrong side, it is deemed to be malpractice. You could be entitled to compensation for your damages. If the negligence caused a wrongful demise, family members could also be entitled to compensation.
Economic damages can include future and current
medical malpractice law firms expenses as well as loss of income and loss of consortium (companionship) as well as pain and suffering. These factors will be considered by juries when deciding on the amount of damages you should receive. Your lawyer will use expert witnesses to prove your non-economic and medical damages. Experts will testify to the truth that the doctor acted in violation of his duty of care and that this failure directly caused your injuries.