Medical Malpractice Attorneys
Most people believe that their doctors and other medical professionals will provide them with the care they need. However, serious mistakes can occur in any type of healthcare facility.
Medical malpractice lawyers must demonstrate that the doctor breached his or duty of care, and that this breach caused your injury. You could be entitled special damages that will reimburse you for the cost of your out-of-pocket expenses such as lost wages.
Undiagnosed
In a perfect world, doctors would be able to accurately identify any health issues that patients might be suffering from and provide them with the right treatment plans. But the reality is that doctors are human and they can make a few mistakes. If these errors lead to a longer illness or complications, an ineffective treatment or even death, then they can be considered malpractice.
A misdiagnosis is defined in law as "failure to provide a correct diagnosis promptly." To be able to pursue damages, you must prove that your doctor breached their duty of care, and that the result was an adverse clinical outcome. A misdiagnosis lawyer will determine if you have a valid case.
To prove your case, you will need to prove that a doctor with the same level of expertise and qualifications would have rendered the correct diagnosis in a similar situation. This is done by using the method of 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 made.
You are able to recover both general and special damages if you can show that your doctor was not aware of or didn't perform this procedure or if he/she simply ignored your symptoms. Special damages can include out-of-pocket costs such as past and future
medical malpractice lawsuits costs lost earnings as well as pharmacy fees and therapy costs, as well as equipment purchases, and other expenses. General damages cover more intangible losses such as discomfort and pain loss of quality and life, as well as a shorter life expectancy.
Inability to identify
Many serious medical conditions, like heart attacks, cancer, and appendicitis, are treatable when they are discovered in the early stages. However, if medical professionals aren't able to recognize these ailments they could cause serious injury, and even death.
If doctors fail to recognize a patient, they're not performing their professional duties. They could be held accountable for malpractice. A successful medical malpractice case is based on proving that the doctor did not follow the accepted standard of care, causing physical harm to the patient. Your attorney will use medical records and expert testimony to prove the medical professional did not perform the same standard of care as fellow professionals who have similar qualifications and experience.
It's important to remember that not all medical mistakes that result in missed diagnoses are grounds for a lawsuit. Certain conditions are difficult to diagnose, particularly if they're in the very early stages. This is the reason it's so important to visit a medical professional when you begin to begin to notice signs of an illness or disease. Contact an experienced attorney immediately when you or someone close to you has been injured because of a failure to detect. In general, medical malpractice cases are resolved out of court before going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to secure an appropriate amount of compensation for your case.
Treatment Errors
We all know that medical staff and doctors are humans and are bound to make mistakes. Patients or their families may be able to file a malpractice lawsuit if the mistakes result in serious injuries or even death. Treatment errors can range from prescribing a incorrect medication to putting a surgical instrument in the body of a patient after surgery. Doctors may not monitor the patient and cause them to develop a worsened condition.
Doctors are required to keep accurate medical records on every patient they treat. These records must contain the medical history of the patient, the medicines that the patient is using, and any allergies. A lot of medical malpractice claims are based on mistakes in the documentation. Even a minor mistake like not writing the correct dosage on the prescription for a medication, could cause serious harm.
In New York, the burden of evidence in a medical mishap case rests with the victim. To show that a medical professional breached their duty to care, they must provide an expert witness with knowledge and can show how they failed to meet the standard of care recognized by law. Parker Waichman's New York malpractice lawyers have an in-depth understanding of medicine and can analyze medical records to come up with reliable theories.
Negligence
If a medical professional departs from the norm of care, causing harm to an individual patient, he or could be found guilty of malpractice. The standard of care refers to the level of competence and prudence the reasonably prudent healthcare professional would have used under similar circumstances. Your attorney must establish that the doctor did not adhere to the standard of care and that the doctor's negligence caused your injuries.
It can be challenging to prove the negligence of a medical professional in a malpractice case because healthcare professionals are held at an elevated standard due to the fact that they are regularly trained to save lives. Humans are prone for error, and the healthcare industry is no different.
If, for instance surgeons mistakenly use an object that is foreign or operates on the wrong side, this is considered negligence. You could be entitled to compensation for your losses. If the negligence caused the death of a loved one, family members may also be entitled to compensation.
Economic damages can include future and present medical expenses such as income loss and loss of consortium (companionship) as well as pain and suffering. A jury will consider these factors when deciding much compensation you will receive for your losses. Your lawyer will ask experts to assist in proving your medical and non-economic damages. Experts will testify to the truth that the doctor acted in violation of his or duty of care and that the negligence directly led to your injuries.