Medical Malpractice Attorneys
Many people believe that their doctors and other medical professionals will treat them with the care they need. However, serious mistakes can occur in any kind of healthcare environment.
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. Special damages can be awarded to reimburse you for out-of-pocket expenses, such as lost wages.
Incorrect diagnosis
In a perfect world, doctors would be able to accurately diagnose any health issues patients may be experiencing and provide them with the proper treatment plans. But the reality is that doctors are human and occasionally they make mistakes. And if those mistakes cause a prolonged illness, additional complications or ineffective treatment, or even death, they can be considered medical malpractice.
A misdiagnosis can be defined by law as “failure to provide a valid diagnosis in a timely manner.” To be able to pursue damages, you need to prove that your doctor breached their duty of care and that this resulted in a worse clinical outcome. A specialist misdiagnosis lawyer can help to determine whether you are entitled to an appropriate claim.
You will have to show that an individual with the same qualifications and skills could have made the correct diagnosis in a similar circumstance. The process of proving this is called differential diagnosis. This is the process of listing all possible illnesses that might be causing your symptoms and then examining each one until a final diagnose is identified.
You are able to recover both general and special damages if you are able to prove your doctor ignored or didn’t perform this procedure or if she simply ignored your symptoms. Special damages are those that cover out-of-pocket expenses like past and future medical bills, lost earnings, pharmacy charges, therapy costs and equipment purchase. General damages are more tangible losses, like pain and suffering, loss of quality of life, and a decrease in life duration.
Inability to diagnose
Many serious medical conditions such as heart attacks, cancer, and appendicitis can be treated when diagnosed early. When medical professionals fail in recognizing these conditions they could cause serious injuries or even death.
When doctors miss a diagnosis and fail to perform their professional duties and are liable for malpractice. A successful medical malpractice case rests on proving that the physician did not follow the accepted standard of treatment, causing physical harm to the patient. To do so, your attorney will use your medical documents and expert medical malpractice lawsuit evidence to prove that the healthcare professional failed to apply the same level of care as other healthcare professionals who have similar qualifications and experience.
It is important to keep in mind that not all medical errors resulting in missed diagnoses are grounds for an action. Some conditions are very difficult to recognize, especially when they’re in the beginning stages. It is crucial to consult your 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 the inability to recognize a medical condition, seek out an experienced lawyer right away. Most medical malpractice cases are resolved out of court before they reach trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to secure fair compensation for your situation.
Treatment Misses
We all know that medical staff and doctors are human, and they are likely to make mistakes. When those mistakes are serious but result in injury or death the patient or their family could file a malpractice claim. Treatment errors range from prescribing the wrong drug to leaving an instrument inside the patient after surgery. It’s also possible that a doctor isn’t able to follow the condition of a patient and they end up with a more serious health issue as the result.
Doctors must keep detailed medical records for every patient they see, which includes medical history, a list of the medications the patient takes, as well as any allergies the patient has. Documentation mistakes are the foundation of many medical malpractice claims even a minor error such as putting an incorrect dosage on a prescription can cause serious harm to the patient.
In New York, the burden of proof in a medical malpractice case lies with the patient. To show that a medical professional did not meet their duty of care to the patient, they must prove witnesses with specialized expertise and can clearly explain why the defendant failed meet the standards of care that are accepted. This is why it’s crucial to find a New York malpractice lawyer from Parker Waichman who has a deep understanding of medicine and is able to look over medical records and develop credible theories about what happened.
Negligence
When a medical professional deviates from the norm of care, causing harm to the patient, he/she could be guilty of malpractice. The standard of care is defined as the amount of care and skill that a reasonable healthcare professional would have exercised in similar circumstances. Your lawyer must prove that the doctor was in violation of the standard of care and that his 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 since they are trained to save lives on a daily basis. Humans are also prone to make mistakes and healthcare professionals are not any exception.
For example when a surgeon performs surgery on the wrong side of the brain, or mistakenly uses an object foreign to the surgery, it’s considered malpractice and you may be entitled to compensation for your injuries. If the malpractice resulted the death of a loved one, family members may also be entitled to damages.
Economic damages may include medical expenses both now and in the future and loss of income (including loss of companionship) and suffering and pain. A jury will consider these elements when deciding on how much they will award you for your losses. Your lawyer will rely on expert witnesses to help in proving your medical and non-economic damages. Experts will testify to the fact that the doctor violated his or duty of care and this negligence directly caused your injuries.