Medical Malpractice Attorneys
Most people believe that their doctors and other medical professionals will give them the care they deserve. However, serious mistakes can occur in any kind of healthcare facility.
Medical malpractice lawyers must demonstrate that the doctor acted in breach of his or her duty of care, and that the negligence caused the injury. Special damages can be awarded to cover for expenses out of pocket, such as lost wages.
Incorrect diagnosis
In a perfect world doctors would be able to identify accurately any health issue that patients may have, and then provide them with most appropriate treatment plans. Doctors are not perfect and have the potential to make mistakes. If the mistakes result in more serious illness or complications, an ineffective treatment or even death, then they are considered to be negligent.
A misdiagnosis can be defined by law as “failure to provide a correct diagnosis promptly.” To be able to claim damages, you must prove that your doctor breached their duty of care, and this led to a worse clinical outcome. A specialist misdiagnosis lawyer can help to assess whether you have a valid claim.
To prove your case to the court, you must demonstrate that a doctor who has the same level of expertise and qualifications would have rendered the correct diagnosis in a similar situation. This is accomplished through the concept of differential diagnosis. This involves listing the possible illnesses that could cause your symptoms, and then examining each one until a definitive diagnosis is established.
If you can demonstrate that your doctor failed to follow this procedure or if they merely ignored or ignored the symptoms you have, you’ll be entitled to compensation for both general and special damages. Special damages are those that cover out-of-pocket expenses such as future and past medical bills, lost earnings, cost of therapy, pharmacy costs and equipment purchase. General damages cover more intangible losses such as discomfort and pain, loss of quality and life expectancy, and also a shorter life expectancy.
Failure to Diagnose
Many serious medical conditions such as heart attacks, cancer, and appendicitis can be treated if detected early. If medical professionals fail in diagnosing these conditions they could cause serious injury or even death.
If doctors fail to identify the patient, they are not fulfilling their professional obligations. They can be held accountable for their mistakes. A successful medical malpractice case hinges on proving that the doctor did not follow the accepted standard of care, causing physical injury to the patient. To prove this your lawyer will use your medical records and expert medical testimony to establish that the healthcare professional was unable to exercise the same level of care that their colleagues with comparable training and experience.
It’s important that you realize that not every medical malpractice attorney mistake which results in a misdiagnosis can be the basis for a lawsuit. Certain ailments are extremely difficult to diagnose, especially when they’re in the early stages. It’s essential to see a doctor as soon as possible if you begin to notice signs of illness. If you or someone you know has been injured due to an inability to diagnose the problem, consult an experienced attorney right away. Most medical malpractice cases are settled out of court before they go to trial. However you Fort Lauderdale failure to diagnose attorney will fight for fair compensation in your case.
Treatment Mistakes
We all know that medical staff and doctors are humans, and are bound to make mistakes. Patients or their families can sue for malpractice in the event that the mistakes cause serious injury or death. Treatment errors can range from prescribing wrong medication to leaving a surgical instrument in the body of a patient following surgery. A doctor might fail to monitor the patient and cause them to develop a worsened condition.
Doctors must maintain detailed medical records for each patient they treat. The records includes a medical history, a list of any medications the patient is taking, as well as any allergies they suffer from. Documentation errors are the basis of many medical malpractice lawsuits even a minor error like placing 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 medical malpractice case. To prove that a medical provider breached their duty to care in the course of their care, they must produce witnesses with specialized expertise and can clearly explain why the defendant failed meet the accepted standard of care. Parker Waichman’s New York malpractice lawyers have a deep understanding of medicine and can review medical malpractice attorney records to come up with reliable theories.
Negligence
When a medical professional is deviating from the accepted standards of care, causing harm to the patient, he/she she may be found guilty of malpractice. The standard of care is defined as the amount of care and skill that a reasonable medical professional would have exercised under similar circumstances. Your lawyer must prove 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 of a medical professional in a malpractice case because healthcare professionals are held at a higher standard because they are trained every day to save lives. Humans are prone for error, and the healthcare industry is no different.
If, for instance, surgeons mistakenly use an object that is foreign or operates on the wrong side, it is deemed to be malpractice. You may be entitled to compensation for your losses. If the negligence caused a wrongful demise, family members could also be entitled to compensation.
Economic damages are based on future and current medical expenses, loss of income, loss of consortium (companionship), pain, and suffering. A jury will weigh these elements when deciding on how much compensation you will receive for your losses. Your lawyer will bring in experts to assist in proving your medical and non-economic damages. The experts will testify that the doctor violated his or her duty of care, and that this failure directly contributed to your injuries.