Medical Malpractice Attorneys
Many people believe that their physicians and other medical professionals will treat them with the care they need. However, serious mistakes can happen in any kind of healthcare setting.
Medical malpractice lawyers must demonstrate that the doctor acted in breach of his or her duty of care, and that this negligence caused the injury. Special damages can be awarded to pay for any out-of-pocket expenses such as lost wages.
The wrong diagnosis
In a perfect world doctors would be able to precisely identify any health issues that patients may be experiencing and give them the best treatment plans. Doctors are human and they are prone to making mistakes. If these mistakes lead to the development of a chronic illness, complications, an ineffective treatment or even death, they are considered to be malpractice.
When it comes to misdiagnosis the legal definition is as follows “a inability to provide the correct diagnosis in a timely fashion.” To be eligible for compensation, you must prove that the doctor did not fulfill their duty of care and this resulted in a less favorable clinical outcome for you. A misdiagnosis lawyer can assess whether you have a valid case.
To show that you are the right person for your case, you will need to demonstrate that a doctor who has the same skills and qualifications would have made a correct diagnosis in the same situation. This is accomplished by using the concept of differential diagnosis. This is the process of listing all illnesses that may be causing your symptoms and then testing for each individually 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 failed to perform this procedure, or if he or simply ignored your symptoms. Special damages are those that are not covered by insurance. They include expenses such as past and future medical costs lost earnings prescription fees therapies, costs for therapy, equipment purchases, as well as other expenses. General damages cover more intangible losses like discomfort and pain, loss of quality or life, and a shorter life expectancy.
Inability to diagnose
Many serious medical conditions such as heart attacks, cancer and appendicitis may be treated if identified early. But when medical professionals fail to recognize the signs they could result in severe injury or even death.
When doctors fail to diagnose the condition of a patient, they are not performing their professional duties. They can be held accountable for negligence. A successful medical malpractice case relies on proving that the doctor’s deviance from the accepted standard of care causing physical injury to the victim. To prove this your lawyer will use your medical records and expert medical testimony to establish that the healthcare professional failed to provide the same level of care as other healthcare professionals with comparable training and experience.
It’s important to remember that not every medical mistake that leads to a missed diagnosis can be the basis for a lawsuit. Certain ailments are extremely difficult to diagnose, particularly when they’re in the beginning stages. This is why it’s essential to see a doctor when you begin to notice any symptoms of an illness or disease. If you or someone you know was injured as a result of an inability to diagnose, contact an experienced attorney immediately. The majority of medical malpractice cases are settled out of court before going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight for the right amount of compensation for your case.
Treatment Misses
We all know that medical professionals and doctors are also human and are likely to make mistakes. Patients or their families may bring a malpractice lawsuit when the errors cause grave injuries or even death. Treatment errors include everything from prescribing the wrong drug or leaving an instrument inside a patient after surgery. A doctor might not monitor patients and lead to a worsened condition.
Doctors must maintain detailed medical records for every patient they see, which contains medical history, a list of the medications that the patient takes, and any allergies the patient suffers from. A lot of medical malpractice claims are based on mistakes in the documentation. Even a slight error such as not writing the correct dosage on the prescription for a medication, could have serious consequences.
In New York, it is the responsibility of the patient to prove a medical malpractice case. In order to prove that the medical professional breached their duty of care, they must present an expert witness who can articulate the accepted standard of care and how the defendant failed to meet the requirements. Parker Waichman’s New York malpractice lawyers have an in-depth understanding of medicine and can review medical records in order to establish reliable theories.
Negligence
If a medical malpractice attorney professional strays from the standard of care and causes injury to the patient, he/she could be guilty of malpractice. The standard of care is defined as the level of skill and care that a reasonable health care professional would have exercised under similar circumstances. Your lawyer must establish that negligence by the doctor caused your injuries and that he/she did not follow the standard of care.
It isn’t easy to prove the negligence in a malpractice claim since healthcare professionals are held to a higher standard because they are trained daily to save lives. Humans are prone to errors, and the healthcare industry does not differ.
For instance when a surgeon performs surgery on the wrong side of the brain, or mistakenly uses an object foreign to the surgery, it is considered negligent and you could be entitled to compensation for your damages. If the negligence resulted in the death of a loved one, family members can also recover damages.
Economic damages can include medical malpractice attorney expenses at present and in the future and loss of income (including loss of companionship) as well as pain and suffering. A jury will consider these factors in deciding how much to award you for your losses. Your lawyer will bring in expert witnesses to help in proving your non-economic and medical damages. The experts will prove that the doctor erred in his or her duty of care, and that this failure directly caused your injuries.