Medical Malpractice Attorneys
Many people believe that their doctors and other medical professionals will provide them with the treatment that they deserve. Unfortunately, serious errors can happen in any kind of healthcare facility.
Medical malpractice lawyers must prove that the doctor breached his or her duty of care, and that the breach caused your injury. Special damages may be awarded to cover for any out-of-pocket expenses such as lost wages.
Undiagnosed
In a perfect universe doctors could identify accurately any health issue that patients might have and give them the proper treatment plans. However, the reality is that doctors are people and they can make a few mistakes. If those errors result in a longer disease, additional complications or treatment that is ineffective, or even death, they can be viewed as medical malpractice.
A misdiagnosis can be defined by law as "failure to provide a valid diagnosis promptly." To be able to claim damages, you must show that your doctor violated their duty of care, and this led to an adverse clinical outcome. A misdiagnosis lawyer can assess if you have a valid case.
You must prove that a doctor with the same qualifications and skills would have made a correct diagnoses in a similar scenario. The process for determining this is known as differential diagnosis. It involves identifying the possible diseases that might be causing your symptoms, and then evaluating each until a final diagnosis is established.
You may be able to claim both general and special damages if show that your doctor was not aware of or did not carry out this procedure, or if he or ignored your symptoms. Special damages are those that cover out-of-pocket expenses such as future and past medical bills, lost earnings expenses for therapy, pharmacy fees and equipment costs. General damages include more intangible losses like pain and discomfort as well as loss of quality and life, as well as a shorter life expectancy.
Inability to diagnose
Many serious medical conditions like cancer, heart attacks and appendicitis may be treated if detected early. If medical professionals fail to recognizing these conditions they could cause serious injury or even death.
If doctors fail to identify a patient, they are not performing their professional duties. They could be held responsible for malpractice. A successful medical malpractice case hinges on proving the doctor's lapse from the accepted standard of care that caused physical injury to the victim. Your lawyer will make use of medical records and expert testimony to establish the healthcare professional didn't exercise the same level care as fellow professionals with similar training and experience.
It's important to keep in mind that not every medical error that leads to a missed diagnosis is cause for a lawsuit. Some conditions are very difficult to diagnose, especially when they're in their very beginning stages. This is why it's important to visit a medical professional whenever you detect any signs of an illness or disease. Get in touch with an experienced attorney as soon as you can in the event that you or someone close to you has been injured due to a failure to diagnose. Most medical malpractice cases are settled out of court before going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to secure fair compensation for your situation.
Treatment Errors
We all know that
medical malpractice law firm personnel and doctors are human and are bound to make mistakes. Patients or their families could bring a malpractice lawsuit when the errors cause serious injury or death. Treatment mistakes could range from prescribing a wrong medication or leaving surgical instruments in the body of a patient following surgery. A doctor might fail to follow up properly on a patient and lead to an underlying condition that becomes worse.
Doctors must maintain detailed medical records for every patient they see, which includes medical history, a list of the medications the patient takes and any allergies that the patient may have. A lot of medical malpractice claims are based on documentation errors. Even a small error like prescribing the wrong dosage on the prescription for a medicine, could result in serious consequences.
In New York, the burden of proof in a medical malpractice case is on the victim. To prove that the
medical malpractice lawyer professional breached their duty to care, they have to produce witnesses with specific knowledge who can provide an explanation of the accepted standard of practice and the way in which the defendant didn't meet it. Parker Waichman's New York malpractice lawyers have an extensive knowledge of medicine and are able to review medical records to come up with reliable theories.
Negligence
When a medical professional deviates from the accepted standards of care, causing injury to patients, he or she may be guilty of malpractice. The standard of care is the level of competence and prudence the reasonably prudent healthcare professional would have employed under similar circumstances. Your attorney must establish that the doctor was in violation of the standard of care and that his negligence caused your injuries.
It can be challenging to prove the negligence in a malpractice claim since healthcare professionals are held at higher standards because they are constantly trained to save lives. Humans are susceptible 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 mistakenly uses an unrelated object during surgery, it's deemed as malpractice and you could be entitled to compensation for your damages. If the negligence resulted in an injury or death that was not your fault, your family members may also be entitled to compensation.
Economic damages may include medical expenses today and in the near future and loss of income (including loss of companionship) as well as suffering and pain. A jury will weigh these factors when deciding much compensation you will receive for your losses. Your lawyer will bring in expert witnesses to help in proving your medical and non-economic damages. Experts will testify the doctor did not fulfill his or her duty of care, and that the breach directly caused your injuries.