Medical Malpractice Attorneys
A majority of people trust that doctors and other medical professionals will treat patients with the care they deserve. Unfortunately, serious mistakes can occur in almost any type of health-care setting.
Medical malpractice lawyers must demonstrate that the doctor breached his or her duty of care, and that the breach caused you to suffer injury. You could be entitled special damages that reimburse you for any out-of-pocket expenses such as lost wages.
Incorrect diagnosis
In a perfect universe doctors would be able diagnose accurately any health issues that patients may face, and give them the proper treatment plans. Doctors are human and they are prone to making mistakes. If these mistakes lead to a longer illness or complications, an ineffective treatment or even death, then they are considered to be negligence.
When it comes to misdiagnosis the legal definition is as follows "a failure to render an accurate diagnosis in a prompt manner." To be qualified for compensation, you must prove that the doctor breached his or her obligation of care and it resulted in a worse clinical outcome for you. A specialist misdiagnosis lawyer can help to determine whether you have an appropriate claim.
To show that you are the right person for your case, you will need to show that a physician with the same set of skills and qualifications would have provided a correct diagnosis in a similar situation. This is accomplished by using the method of differential diagnosis. This involves listing all the conditions that can cause your symptoms, and then testing each one at a time until a definitive diagnosis is determined.
You can recover both general and special damages if show that your doctor was not aware of or did not carry out this procedure or if ignored your symptoms. Special damages cover expenses out of pocket like past and future medical bills, lost earnings, expenses for therapy, pharmacy fees and equipment purchase. General damages cover more intangible damages, such as suffering and pain, loss of quality of life and a shortened life expectancy.
Inability to identify
Many serious
medical malpractice attorney conditions, such as heart attacks, cancer, and appendicitis can be treated if diagnosed early. But when medical experts fail to recognize these conditions they can result in serious injury and even death.
If doctors fail to diagnose a patient and fail to perform their professional duties and can be held liable for negligent conduct. A successful medical malpractice case rests on the fact that the doctor did not follow the accepted standard of care, causing physical harm to the patient. Your lawyer will make use of medical records and expert testimony to prove the healthcare professional didn't exercise the same level care as other healthcare professionals with similar experience and training.
It's important to remember that not all medical errors that lead to missed diagnoses are legal grounds for an action. Certain conditions are difficult to identify, particularly when they're in their very beginning stages. This is why it's important to see a doctor as soon as you begin to notice signs of an illness or disease. If you or someone you know was injured as a result of the inability to recognize a medical condition, seek out an experienced lawyer right away. Generally, most medical malpractice cases are resolved outside of court before they go to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to ensure you receive fair compensation for your situation.
Treatment Errors
We all know that doctors and medical staff are human, and they are bound to make mistakes. When those mistakes are serious and result in injury or death the patient or their family could bring a malpractice lawsuit. Treatment errors include everything from prescribing the wrong drug or leaving an instrument inside a patient after surgery. It's also possible that a physician isn't following up on a patient's condition and they suffer a deterioration of health issue as a result.
Doctors should keep meticulous medical records for every patient they treat. The records includes medical history, list of medications the patient takes, and any allergies they suffer from. A lot of medical malpractice claims are based on mistakes in the documentation. Even a slight error, such as writing the wrong dosage on prescriptions for medications, can cause serious harm.
In New York, the burden of evidence in a medical mishap case lies with the patient. To prove that a medical professional breached their duty to care to the patient, they must prove a witness who has specialized knowledge and can explain how they failed to meet the standard of care accepted by all. Parker Waichman's New York malpractice lawyers have a thorough understanding of medical practices and can scrutinize medical records to come up with solid theories.
Negligence
Medical professionals could be guilty if they deviate from the standard of practice in causing harm to a patient. The standard of care is the degree of competence and prudence the reasonably prudent healthcare professional would have applied under similar circumstances. Your lawyer must establish that negligence of the doctor caused your injuries and that he or she breached the standard of care.
It can be difficult to prove in a malpractice lawsuit because healthcare professionals are held to a higher standard than average people due to the fact that they are trained to save lives on a regular basis. However, humans are susceptible to make mistakes and the healthcare industry is not exempt.
For instance when a surgeon performs surgery on the wrong side of the brain, or mistakenly uses an object foreign to the surgery, it is considered as malpractice and you could be entitled to compensation for your damages. If the negligence resulted in a wrongful demise, family members could also be entitled to compensation.
Economic damages are based on current and future
medical malpractice lawsuit expenses such as income loss and loss of consortium (companionship), pain, and suffering. A jury will consider these factors in deciding how much to award you for your losses. Your lawyer will make use of expert witnesses to demonstrate your medical and non-economic damages. The experts will testify the truth that the doctor acted in violation of his or duty of care, and that this negligence directly caused your injuries.