Medical Malpractice Attorneys
Many people believe that their doctors and other
medical malpractice attorney professionals will give them the attention they deserve. However, serious mistakes can occur in any type of healthcare setting.
Medical malpractice lawyers must demonstrate that the doctor breached his or duty of care, and that this breach caused you to suffer injury. You could be entitled special damages that reimburse you for your out-of pocket expenses such as the loss of wages.
Misdiagnosis
In a perfect universe doctors would be able to determine the cause of any health issues that patients may be suffering from, and then provide them with appropriate treatment plans. However, the truth is that doctors are human and sometimes they make mistakes. If those errors cause a prolonged disease, additional complications or treatment that is ineffective, or even death, they can be viewed as medical negligence.
In the case of misdiagnosis the legal definition of misdiagnosis is as follows "a failure to render a correct diagnosis in a timely manner." To be eligible for compensation, it is necessary to must prove that your physician violated their obligation of care and this led to a more adverse than expected clinical outcome for you. A misdiagnosis lawyer will determine if you have a case that is valid.
To be able to prove your case in court, you need to show that a physician with the same skill set and credentials would have made a correct diagnosis in a similar situation. This is accomplished by using the differential diagnosis. It involves identifying the possible diseases that might be causing your symptoms, and then evaluating each until a final diagnosis is determined.
You may be able to claim both general and special damages if you are able to demonstrate that your doctor didn't or didn't perform this procedure, or if he or she simply ignored your symptoms. Special damages are for out-of-pocket expenses like future and past medical expenses, lost earnings, cost of therapy, pharmacy costs, and equipment purchases. General damages are more tangible losses, like the suffering of others, loss of quality of life, and a shorter life expectancy.
Inability to diagnose
Many serious medical conditions such as cancer, heart attacks and appendicitis may be treated if diagnosed early. However, when medical experts aren't able to recognize these ailments, they can cause serious injury, and even death.
If doctors fail in their duty to diagnose a patient, they are not performing their professional duties. They could be held accountable for their mistakes. A successful medical malpractice case hinges on proving that the doctor deviated from the acceptable standard of treatment, causing physical harm to the patient. Your lawyer will make use of medical records and expert testimony to establish the healthcare professional didn't perform the same standard of care as colleagues with similar experience and training.
It is important to keep in mind that not all medical mistakes resulting in missed diagnoses are enough to warrant an action. Certain conditions are difficult to diagnose, especially when they are in their very early stages. It's important to see a doctor as soon as possible if you start to feel the symptoms of an illness. If you or someone you love has been injured due to a lack of diagnosis, contact an experienced lawyer right away. Most medical malpractice cases settle out of court before they go to trial. However the Fort Lauderdale failure to diagnose attorney will fight for fair compensation in your case.
Treatment Errors
We all know that doctors and medical staff are humans, and are likely to make mistakes. If the mistakes are serious however, and lead to injury or death the patient or their loved ones could file a malpractice claim. Treatment errors can range from prescribing incorrect medication to leaving surgical instruments in the body of a patient after surgery. It's also possible that a physician isn't following the patient's condition and they end up with a more serious health issue as the result.
Doctors are required to keep meticulous medical records for every patient they see, which contains medical history, a list of the medications the patient takes, and any allergies the patient has. Documentation errors are the basis of many medical malpractice cases even a minor mistake like putting an incorrect dosage on a prescription can result in serious consequences for the patient.
In New York, the burden of proof in a medical malpractice case is on the victim. To prove that a medical provider has breached their duty of care and care, they must present an expert witness who has the knowledge and can explain how the defendant's actions were not in accordance with the accepted standard of care. This is why it's essential to employ a New York malpractice lawyer from Parker Waichman who has a thorough understanding of medicine, and can review the medical records and formulate credible theories about what happened.
Negligence
A medical professional may be liable if they stray from the norm of practice which causes harm to the patient. The standard of care is defined as the amount of skill and care that a reasonable medical professional would have exercised in similar circumstances. Your lawyer must prove that the doctor violated the standard of care and that his negligence caused your injuries.
It is difficult to prove in a malpractice claim because healthcare professionals are held to a higher standard than the average person due to the fact that they are trained to save lives on a daily basis. However, humans are susceptible to errors and the healthcare industry is not any exception.
For example in the event that a surgeon operates on the wrong side of the brain, or accidentally uses a foreign object during surgery, it's considered as malpractice and you could be entitled to compensation for your damages. If the mistake resulted in the death of a loved one, family members may also be entitled to damages.
Economic damages can include future and present medical expenses and income loss and loss of consortium (companionship), pain, and suffering. A jury will consider these factors when deciding how they will award you for your losses. Your lawyer will rely on experts to assist in proving your medical and non-economic damages. The experts will prove that the doctor erred in his or her duty of care, and that the breach directly caused your injuries.