Medical Malpractice Attorneys
A majority of people trust that doctors and other medical professionals will treat them with the respect they need. However, serious mistakes can occur in any type of healthcare facility.
Medical malpractice lawyers must prove that a doctor violated his or their duty of care, and that this breach directly led to the injury you suffered. Special damages can be awarded to compensate you for any out-of-pocket expenses for example, lost wages.
The wrong diagnosis
In a perfect world doctors could accurately diagnose any health issues patients may have and give them the appropriate treatment plans. However, the truth is that doctors are human and occasionally they make mistakes. And if the mistakes result in a longer illness, complications that are not treated or ineffective treatment, or even death, they could be deemed medical malpractice.
In the case of misdiagnosis the legal definition is as follows “a failure to render an accurate diagnosis in timely fashion.” To be eligible for compensation, it is necessary to must prove that the doctor failed to fulfill his or her duty of care and that it resulted in a worse clinical outcome for you. A specialist misdiagnosis lawyer will be able to determine whether you have a valid claim.
You will need to demonstrate that a doctor with the same qualifications and skills could have made the correct diagnosis in the same situation. This is done by using the concept of differential diagnosis. This involves identifying all illnesses that may be causing your symptoms, and then examining each at a time until a final diagnosis is determined.
You can recover both general and special damages if you can demonstrate that your doctor didn’t or didn’t perform this procedure or if she simply ignored your symptoms. Special damages are those that cover out-of-pocket expenses such as future and past medical expenses, lost earnings, expenses for therapy, pharmacy fees and equipment costs. General damages cover more intangible losses, like the suffering of others, loss of quality of life and a decrease in life time.
Failure to recognize
Many serious medical conditions, such as heart attacks, cancer, and appendicitis can be treated when identified early. When medical professionals fail in the detection of these diseases, lawsuit they may cause serious injury or even death.
When doctors fail to diagnose the condition of a patient, they are not performing their professional duties. They could be held responsible for malpractice. A successful medical malpractice lawyer malpractice claim is based on the proof that the doctor’s deviation from the accepted standard of care causing physical injury to the victim. To do so, your attorney will use your medical records and expert medical testimony to establish that the healthcare professional did not perform the same standard of care as other professionals who have similar qualifications and experience.
It’s important that you realize that not every medical mistake that leads to a missed diagnosis is cause for a lawsuit. Some conditions can be difficult to diagnose, especially when they’re in their very infancy. This is the reason it’s so important to consult a medical professional when you begin to discover any signs of illness or disease. If you or someone you love has been injured due to an inability to diagnose the cause, you should consult a seasoned lawyer right away. Generally, most medical malpractice cases are resolved outside of court before they reach trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to get you fair compensation for your case.
Treatment Faults
We all know that medical staff and doctors are human beings, and lawsuit are bound to make mistakes. When those mistakes are serious, however, resulting in injury or death, the patient or their family may bring a malpractice lawsuit. Treatment errors can range from prescribing wrong medication to leaving an instrument used for surgery in a patient’s body after surgery. Doctors may not follow up properly on patients and lead to an illness that gets worse.
Doctors are required to keep detailed medical records on each patient they treat. These records must include the patient’s medical history, the medication that the patient is taking, and any allergies. Documentation errors are at the heart of many medical malpractice lawsuits and even a small error such as putting an incorrect dosage on a prescription could result in serious consequences for a patient.
In New York, it is the responsibility of the patient to prove the case of medical malpractice. In order to demonstrate that the medical professional breached their duty of care, they need to present witnesses with specialist knowledge who can articulate the accepted standard of practice and the way in which the defendant did not meet the requirements. Parker Waichman’s New York malpractice lawyers have a thorough understanding of medical practices and can review medical records in order to establish solid theories.
Negligence
A medical malpractice law firm professional could be liable if they stray from the standard of practice which causes harm to the patient. The standard of care is the degree of skill and caution a reasonably prudent healthcare provider would have employed under similar circumstances. Your lawyer must prove that the doctor did not adhere to the standard of care and that his or her negligence caused your injuries.
It can be difficult to prove in a malpractice lawsuit because healthcare professionals are held to higher standards than the average person due to the fact that they are trained to save lives on a daily basis. Humans are susceptible to error and the healthcare field does not differ.
For example when a surgeon performs surgery on the wrong side of the brain or accidentally uses an object foreign to the surgery, it’s deemed malpractice and you may be entitled to compensation for your losses. If the mistake resulted in a wrongful death, family members can also recover damages.
Economic damages include medical expenses now and in the future as well as loss of income (including loss of companionship), suffering and pain. A jury will weigh these factors in deciding how much compensation you will receive for your losses. Your lawyer will rely on expert witnesses to establish your medical and non-economic damages. Experts will testify to the reality that the doctor breached his or her duty of care, and that this failure directly caused your injuries.