Medical Malpractice Attorneys
Many people believe that their doctors and other medical malpractice law firm professionals will give them the care that they require. Unfortunately, serious mistakes can occur in nearly any health-care setting.
Medical malpractice lawyers must prove that the doctor acted in breach of his or duty of care, and that the breach caused you to suffer injury. You may be entitled to special damages that reimburse you for any out-of-pocket expenses which includes the loss of wages.
The wrong diagnosis
In a perfect universe doctors would be able to diagnose accurately any health issues that patients may have, and then provide them with appropriate treatment plans. Doctors are human, and they may make mistakes. If the mistakes result in an extended illness or complications, a poor treatment or even death, they can be considered negligent.
In the case of misdiagnosis the legal definition of misdiagnosis is straightforward “a failure to provide the correct diagnosis in a timely fashion.” To be qualified for compensation, you must prove that the doctor breached his or her obligation of care and this resulted in a less favorable clinical outcome for you. A specialist misdiagnosis lawyer can help to determine if you have a valid claim.
To demonstrate your case in court, you need to prove that a doctor with the same level of expertise and qualifications would have provided the correct diagnosis in a similar situation. This is done by using the concept of differential diagnosis. This involves identifying the possible illnesses that could be causing your symptoms and then examining each one until a final diagnose is made.
You can claim general and special damages if you are able to prove your doctor ignored or didn’t perform this procedure, or if he or simply ignored your symptoms. Special damages can include out-of-pocket expenses such as past or future medical expenses lost earnings, pharmacy fees therapy costs, equipment purchases, as well as other expenses. General damages cover more tangible losses like pain and discomfort, loss of quality or life expectancy, and also a shorter life expectancy.
Inability to recognize
Many serious medical malpractice lawsuits conditions such as cancer, heart attacks and appendicitis may be treated if discovered early. But if medical experts aren’t able to recognize these ailments they could cause serious injury, and even death.
If doctors fail to recognize a diagnosis and fail to perform their professional duties and can be held liable for negligence. A successful medical malpractice case is based on proving that the doctor deviated from the acceptable standard of care, causing physical injury to the patient. Your attorney will use medical records and expert testimony to prove the healthcare professional did not perform the same standard of care as fellow professionals with similar experience and training.
It’s important to note that not every medical error which results in a misdiagnosis can be the basis for an action. Certain ailments can be difficult to diagnose, especially when they are in their very early stages. It’s important to see a doctor as quickly as you can if you begin to detect signs of illness. Contact a seasoned attorney immediately if you or someone close to you has been injured because of a failed determine. The majority of medical malpractice cases settle out of court before they go to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to secure an appropriate amount of compensation for your case.
Treatment Mistakes
We all know that medical professionals and doctors are also human and are likely to make mistakes. When those mistakes are serious, however, resulting in injury or death, the patient or their family could make a claim for malpractice. Treatment errors could range from prescribing a wrong medication or leaving an instrument used for surgery in a patient’s body after surgery. It’s possible that a doctor does not follow the patient’s condition and then they experience a worsening health issue as a result.
Doctors must keep detailed medical records for every patient they treat. This includes medical history, list of medications the patient is taking, as well as any allergies that the patient may have. Documentation mistakes are the foundation of many medical malpractice lawsuits and even a small error like placing an incorrect dosage on a prescription can have serious consequences for the patient.
In New York, it is the victim’s responsibility to prove the medical malpractice case. In order to demonstrate that the medical professional did not meet their duty of care, they must produce witnesses with specific knowledge who can present the accepted standard of care and the way in which the defendant didn’t meet it. Parker Waichman’s New York malpractice lawyers have a deep understanding of medicine and can analyze medical records to form solid theories.
Negligence
A medical professional could be guilty if they deviate from the accepted standard of care which causes harm to the patient. The standard of care is defined as the level of skill and caution that a reasonable medical professional would have exercised under similar circumstances. Your lawyer must prove that the negligence of the doctor led to your injuries and that the doctor violated the standard of care.
Negligence can be difficult to prove in a malpractice lawsuit because healthcare professionals are held to higher standards than the average person because they are trained to save lives on a daily basis. Humans are prone to errors and the medical industry is no different.
For instance when a surgeon performs surgery on the wrong side of the brain, or is mistakenly using an object foreign to the surgery, it’s as malpractice and you could be entitled to compensation for the damages. If the error resulted in an unintentionally death, family members can also recover damages.
Economic damages can include medical expenses now and in the future, loss of income (including loss of companionship) and pain and suffering. A jury will weigh these factors when deciding much they will award you for your losses. Your lawyer will ask experts to assist in proving your non-economic and medical damages. Experts will testify the doctor breached his or their duty of care and that this breach of duty directly contributed to your injuries.
