Medical Malpractice Attorneys
Many people believe that their doctors and other medical professionals will give them the care that they require. However, serious mistakes can occur in any kind of healthcare facility.
Medical malpractice attorneys must establish that a doctor violated his or her duty of care and that the breach directly caused the injury you suffered. You could be entitled to specific damages that pay for any expenses that you incurred out of pocket including lost wages.
Incorrect diagnosis
In a perfect world doctors could accurately diagnose any health issues patients might have and provide them with the right treatment plans. However, the truth is that doctors are human and sometimes they make mistakes. If their mistakes lead to the development of a chronic illness, complications, or a treatment that is ineffective or even death, then they may be deemed to be a form of negligence.
A misdiagnosis can be defined by law as "failure to render a proper diagnosis in a timely manner." To be able to pursue damages, you must show that your doctor breached their duty of care and this resulted in an adverse clinical outcome. A misdiagnosis lawyer will determine whether you have a valid case.
To prove your case, you will need to demonstrate that a doctor with the same skill set and qualifications would have rendered the correct diagnosis in the same situation. This is done by using differential diagnosis. This involves identifying the possible diseases that might be causing your symptoms, and then examining each one until a final diagnose is made.
You may be able to claim both general and special damages if you are able to demonstrate that your doctor didn't or failed to perform this procedure or if simply ignored your symptoms. Special damages cover out-of-pocket expenses like past and future medical bills, lost earnings, expenses for therapy, pharmacy fees and equipment purchase. General damages encompass more intangible losses, like suffering and pain loss of quality of life and a decrease in life expectation.
Failure to Diagnose
Many serious medical conditions like heart attacks, cancer and appendicitis can be treated when identified early. But if medical experts fail to recognize the signs, they can cause grave injury or even death.
When doctors fail to diagnose a patient, they're not performing their duties as professional. They could be held accountable for their mistakes. A successful medical malpractice case rests on proving that the physician didn't follow the standard of care, causing physical harm to the patient. Your lawyer will rely on medical documents and expert testimony to establish that the healthcare professional did not exercise the same level care as fellow professionals with similar experience and training.
It's important to remember that not all
Medical Malpractice Lawsuit mistakes that lead to missed diagnoses are grounds for an action. Certain ailments can be difficult to diagnose, particularly when they're in their very infancy. This is why it's crucial to consult a medical professional when you begin to begin to notice signs of an illness or disease. If you or someone you care about has been injured due to the inability to recognize a medical condition, seek out an experienced attorney immediately. Most medical malpractice cases are settled outside of court prior to going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight for the right amount of compensation for your case.
Treatment Errors
We all know that medical staff and doctors are human, and they are likely to make mistakes. When those mistakes are serious however, and lead to injury or death, the patient or their loved ones could bring a malpractice lawsuit. Treatment errors could range from prescribing a incorrect medication to putting a surgical instrument in the body of a patient after surgery. It is possible that a doctor isn't able to follow up on a patient's condition and they end up with a more serious health issue as the result.
Doctors must keep detailed medical records for every patient they treat. This includes a medical history, a list of the medications that the patient is taking, as well as any allergies they suffer from. Documentation errors are the root of many
medical malpractice lawsuits and even a small error such as putting an incorrect dosage on a prescription may result in serious consequences for a patient.
In New York, it is the victim's responsibility to prove the case of medical malpractice. To demonstrate that a medical professional did not meet their duty of care to the patient, they must prove witnesses with specialized knowledge and can show how the defendant's actions were not in accordance with the standard of care recognized by law. Parker Waichman's New York malpractice lawyers have an in-depth understanding of medicine and can scrutinize medical records to formulate reliable theories.
Negligence
A medical professional can be guilty if they deviate from the accepted standard of care, causing harm to a patient. The standard of care is the level of expertise and prudence that an appropriately prudent healthcare professional would have used under similar circumstances. Your lawyer must establish that negligence of the doctor caused your injuries and that the doctor did not follow the standard of care.
It can be challenging to prove negligence in a case of malpractice because healthcare professionals are held at higher standards due to the fact that they are regularly trained to save lives. Humans are prone for error, and the healthcare industry is no different.
For instance, if a surgeon operates on the wrong side of the brain or is mistakenly using a foreign object during surgery, it's considered as malpractice and you could be entitled to compensation for your damages. If negligence led to an unintentional death, family members may also be entitled to compensation.
Economic damages include future and current medical expenses such as income loss and loss of consortium (companionship) and pain and suffering. A jury will weigh these elements when deciding on how they will award you for your losses. Your lawyer will make use of experts to prove your non-economic and medical damages. Experts will testify the doctor violated his or their duty of care and that this breach directly contributed to your injuries.