medical malpractice law firms Malpractice Attorneys
Many people believe that their doctors and other medical professionals will give them the attention that they deserve. Unfortunately, serious errors can occur in any kind of healthcare setting.
Medical malpractice lawyers must demonstrate that the physician violated his or duty of care, and that the breach caused you to suffer injury. You could be entitled special damages that reimburse you for any expenses that you incurred out of pocket including the loss of wages.
Incorrect diagnosis
In a perfect universe, doctors would be able determine the cause of any health issues that patients may face, and give them the proper treatment plans. Doctors are human and they are prone to making mistakes. If their mistakes lead to a longer illness or complications, ineffective treatment or even death, they are considered to be negligent.
When it comes to misdiagnosis the legal definition is as simple as “a inability to provide an accurate diagnosis in a timely fashion.” To be eligible for compensation, it is necessary to need to prove that your doctor did not fulfill their duty of care, and that it resulted in a worse than expected clinical outcome for you. A misdiagnosis lawyer is able to determine if you have a case that is valid.
To be able to prove your case in court, you need to demonstrate that a doctor who has the same set of skills and qualifications would have provided a correct diagnosis in a similar situation. This is done by using the differential diagnosis. This involves identifying all conditions that can cause your symptoms and then testing for each individually until a final diagnosis is established.
If you can show that your doctor failed to follow this procedure or if they simply ignored or neglected your symptoms, you will be able to claim general and special damages. Special damages are for out-of-pocket expenses like past and future medical bills, lost earnings expenses for therapy, pharmacy fees and equipment purchases. General damages encompass more intangible losses, like pain and suffering loss of quality of life, and a decrease in life expectancy.
Failure to Diagnose
Many serious medical conditions, such as heart attacks, cancer and appendicitis are treatable if identified early. But when medical experts aren’t able to recognize these ailments they can result in grave injury or even death.
If doctors fail to identify the condition of a patient, they are not fulfilling their professional responsibilities. They can be held accountable for negligence. A successful medical malpractice case is based on the fact that the doctor did not follow the accepted standard of medical care, causing physical harm to the patient. Your attorney will use medical records and expert testimony to establish the healthcare professional did not exercise the same level care as fellow professionals with similar training and experience.
It’s important to remember that not all medical errors that lead to missed diagnoses are legal grounds for a lawsuit. Certain conditions are difficult to identify, especially when they are in their very infancy. It’s essential to see a doctor as quickly as possible when you begin to notice symptoms of an illness. If you or someone you know was injured as a result of the inability to recognize the problem, consult an experienced attorney as soon as you can. Most medical malpractice cases are resolved outside of court before they reach trial. However you Fort Lauderdale failure to diagnose attorney will fight for fair compensation in your case.
Treatment Errors
We all know that doctors and medical staff are human beings, and are likely to make mistakes. Patients or their families may be able to file a malpractice lawsuit when mistakes result in grave injuries or even death. Treatment errors include everything from prescribing the wrong medication to putting an instrument in the patient after surgery. A doctor may fail to follow up properly on patients and cause them to develop an illness that gets worse.
Doctors should keep meticulous medical records for every patient they treat, which contains medical history, a list of the medications the patient is taking, as well as any allergies that the patient may have. Many medical malpractice claims stem from documentation errors. Even a minor error such as making the wrong dosage in a medication prescription, can result in serious consequences.
In New York, the burden of the burden of proof in a medical malpractice case lies with the patient. To demonstrate that a medical professional violated their duty of caring and care, they must present witnesses with specialized knowledge and can explain how they failed to meet the accepted standard of care. Parker Waichman’s New York malpractice lawyers have a thorough understanding of medical malpractice lawyer practices and can analyze medical records to formulate reliable theories.
Negligence
Medical professionals could be guilty if they deviate from the standards of practice which causes harm to patients. The standard of care is defined as the degree of skill and caution that a reasonable healthcare professional would have exercised under similar circumstances. Your lawyer must prove that the doctor did not adhere to the standard of care and that his negligence caused your injuries.
It isn’t easy to prove negligence in a case of malpractice since healthcare professionals are held to higher standards because they are trained daily to save lives. Humans are prone to errors and the healthcare industry does not differ.
For instance in the event that a surgeon operates on the wrong side of the brain or is mistakenly using a foreign object during surgery, it’s deemed malpractice and you may be entitled to compensation for the damages. If the malpractice resulted the death of a family member, the members may also be entitled to damages.
Economic damages can be categorized as medical expenses both now and in the future and loss of income (including loss of companionship), suffering and pain. These elements will be taken into consideration by a jury when deciding the amount of damages you should receive. Your lawyer will use expert witnesses to prove your non-economic and medical damages. Experts will testify the truth that the doctor acted in violation of his or duty of care and that this negligence directly led to your injuries.
