Medical Malpractice Attorneys
Most people believe that their doctors and other medical professionals will provide them with the care they need. Unfortunately, serious mistakes are possible in any health-care setting.
Medical malpractice lawyers must prove that a doctor violated his or his duty of care and that this breach directly led to your injury. You could be entitled to special damages to reimburse you for any expenses that you incurred out of pocket such as lost wages.
Incorrect diagnosis
In a perfect universe doctors could detect any health problems that patients may be suffering from, and provide them with the appropriate treatment plans. However, the truth is that doctors are human and sometimes they make mistakes. If these mistakes lead to more serious illness or complications, a poor treatment or even death, they are considered to be as malpractice.
A misdiagnosis is defined in law as «failure to render a proper diagnosis in a timely manner.» To be able to pursue damages, you must prove that your doctor breached their duty of care, and this led to an adverse clinical outcome. A specialist misdiagnosis lawyer can help to assess whether you have a valid claim.
You will have to show that an individual with the same qualifications and expertise would have made the right diagnosis in the same situation. The process of proving this is known as differential diagnosis. It involves identifying the possible illnesses that might cause your symptoms, and then testing each until a final diagnosis is determined.
You can recover both general and special damages if you can prove your doctor ignored or didn’t perform this procedure or if ignored your symptoms. Special damages can include out-of-pocket expenses such as past or future medical costs, lost earnings as well as pharmacy fees, therapy costs, equipment purchases, as well as other expenses. General damages include more intangible loss, such as suffering and pain, loss of quality of life and a shortened life expectation.
Failure to Diagnose
Many serious medical conditions like cancer, heart attacks and appendicitis are treatable if identified early. However, when medical experts fail to recognize the signs they could result in grave injury or even death.
If doctors fail to diagnose a patient, they are failing to fulfill their professional obligations and could be held accountable for negligence. A successful medical Malpractice law firm malpractice case hinges on the fact that the doctor didn’t follow the standard of medical care, causing physical harm to the patient. Your lawyer will rely on medical documents and expert testimony to prove the medical professional did not practice the same level of care as other healthcare professionals who have similar qualifications and experience.
It’s important that you realize that not every medical error that leads to a missed diagnosis can be the basis for a lawsuit. Certain conditions are difficult to recognize, especially when they’re in very beginning stages. This is why it’s important to see a doctor whenever you discover any signs of illness or disease. Get in touch with an experienced attorney as soon as you can when you or someone close to you has been injured because of a failure to determine. Most medical malpractice cases are settled out of court before they go to trial. Your Fort Lauderdale failure-to-diagnose attorney will fight to ensure you receive an appropriate amount of compensation for your case.
Treatment Faults
We all know that doctors and medical staff are human beings and are bound to make mistakes. Patients or their families may sue for malpractice when the errors cause grave injury or death. Treatment mistakes can range from prescribing the wrong medication or leaving an instrument for surgery inside the body of a patient following surgery. It’s possible that a doctor isn’t following any changes in a patient’s health and then they experience a worsening health issue as a result.
Doctors are required to keep meticulous medical records for each patient they treat. The records includes a medical history, a list of the medications that the patient takes, as well as any allergies that the patient may have. Documentation errors are at the heart of many medical malpractice law firm malpractice lawsuits even a minor mistake like putting an incorrect dosage on a prescription may cause serious harm to the patient.
In New York, the burden of evidence in a medical mishap case lies with the patient. In order to prove that the medical provider violated their duty of care, they must present a witness with specialized knowledge who can present the accepted standard of care and how the defendant didn’t meet it. Parker Waichman’s New York malpractice lawyers have a deep understanding of medicine and are able to review medical records to formulate reliable theories.
Negligence
If a medical professional departs from the accepted standards of care and causes injury to a patient, he or could be guilty of malpractice. The standard of care is defined as the degree of skill and care that a reasonable healthcare professional would have exercised in similar circumstances. Your lawyer must prove that negligence by the doctor medical malpractice law Firm caused your injuries and that he/she did not follow the standard of care.
Negligence can be difficult to prove in a malpractice lawsuit because healthcare professionals are held to a higher standard than the average person because they are trained to save lives on a daily basis. However, humans are susceptible to errors and healthcare professionals are not exempt.
For instance, if surgeons make a mistake using a foreign object or operates on the wrong side, Medical malpractice law firm this is regarded as negligence. You may be entitled compensation for your losses. If negligence led to a wrongful demise, family members may also be entitled to compensation.
Economic damages can include future and current medical expenses such as income loss, loss of consortium (companionship) as well as pain and suffering. These factors will be taken into consideration by a jury when deciding how much compensation you are entitled to. Your lawyer will ask expert witnesses to help in proving your medical and non-economic damages. The experts will testify that the doctor did not fulfill his or the duty of care, and that this failure directly led to your injuries.