Medical Malpractice Attorneys
Most people trust that their doctors and other medical professionals will provide them with the care they deserve. Unfortunately, serious errors can occur in any type of healthcare environment.
Medical malpractice lawyers must demonstrate that the doctor breached his or duty of care, and that the breach caused your injury. Special damages may be awarded to compensate you for any out-of-pocket expenses for example, lost wages.
Undiagnosed
In a perfect universe doctors would be able determine the cause of any health issues that patients might have and then provide them with proper treatment plans. But the reality is that doctors are people and they can make a few mistakes. And if these mistakes result in a longer-lasting disease, additional complications and ineffective treatment or even death, they can be viewed as medical malpractice.
A misdiagnosis is defined by law as "failure to provide a valid diagnosis in a timely manner." To be able to claim damages, you must prove that your doctor did not fulfill their duty of care, and that the result was worse outcomes for your medical condition. A specialist misdiagnosis lawyer is able to determine whether you have an appropriate claim.
You will need to prove your case by demonstrating that an individual with the same qualifications and expertise would have made a correct diagnosis in the same situation. The procedure for this is known as differential diagnosis. This is the process of listing all illnesses that may be causing your symptoms, and then testing for each one at a time until a definitive diagnosis is determined.
If you can demonstrate that your doctor failed to complete this procedure or if they didn't pay attention or didn't notice your symptoms, then you will be able to claim general and specific damages. Special damages are those that cover out-of-pocket expenses like past and future medical bills, lost earnings, therapy costs, pharmacy charges and equipment purchases. General damages are more tangible losses, such as suffering and pain, loss of quality of life, and a shortened life duration.
Inability to recognize
Many serious medical conditions like cancer, heart attacks and appendicitis may be treated if identified early. If medical professionals fail in diagnosing these conditions and causing them to cause severe injury or even death.
If doctors fail to identify a patient, they're not performing their duties as professional. They can be held responsible for malpractice. A successful medical malpractice claim hinges on proving the doctor's deviance from the accepted standard of care causing physical injury to the victim. Your attorney will use medical records and expert testimony to prove that the healthcare professional did not perform the same standard of care as other healthcare professionals with similar training and experience.
It's important to note that not every medical mistake that results in a missed diagnosis is a cause for a lawsuit. Some conditions are very difficult to diagnose, especially when they're in very beginning stages. This is why it's essential to visit a medical professional immediately you detect any signs of an illness or disease. Contact an experienced attorney immediately when you or someone close to you has been injured due to a failure to detect. Most medical malpractice cases end up in court, before going to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to secure the right amount of compensation for your case.
Treatment Mistakes
We all know that
medical malpractice lawsuits professionals as well as doctors are human beings and are bound to make mistakes. When the errors are serious, however, resulting in injury or death the patient or their family members could bring a malpractice lawsuit. Treatment mistakes can range from prescribing a incorrect medication to putting an instrument used for
Medical malpractice lawyers surgery in the body of a patient after surgery. It's also possible that a physician fails to properly follow the patient's condition and they suffer a deterioration of health issue as consequence.
Doctors are required to keep accurate medical records for every patient they treat. These records must include the patient's medical history, medicines that the patient is using as well as any allergies. Many medical malpractice claims are based on mistakes in the documentation. Even a minor error like not writing the correct dosage on the prescription for a medication, could result in serious consequences.
In New York, it is the victim's responsibility to prove the case of medical malpractice. To prove that the medical professional breached their duty of care, they must present an expert witness who can explain the accepted standards of practice and how the defendant didn't meet it. This is why it's essential to find a New York malpractice lawyer from Parker Waichman who has a thorough understanding of medicine, and who can examine medical records and form reliable theories of what occurred.
Negligence
Medical professionals could be found guilty if they deviate from the norm of practice, causing harm to patients. The standard of care is the amount of skill and caution an appropriately prudent healthcare professional would have applied under similar circumstances. Your lawyer must establish that negligence by the doctor caused your injuries and that he or she violated the standard of care.
It isn't easy to prove negligence in a malpractice case because healthcare professionals are held to higher standards because they are trained every day to save lives. Humans are vulnerable to error and the healthcare industry is no different.
For example in the event that a surgeon operates on the wrong side of the brain or mistakenly uses an unrelated object during surgery, it's considered negligence and you could be entitled to compensation for the damages. If the error resulted in the death of a family member, the members can also claim damages.
Economic damages can include medical expenses now and in the future and loss of income (including loss of companionship) and pain and suffering. A jury will weigh these elements when deciding on how they will award you for your losses. Your lawyer will rely on expert witnesses to prove your non-economic and medical damages. The experts will testify to the fact that the doctor did not fulfill his or duty of care and that this negligence directly led to your injuries.